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INSURANCE:
1. That the insured vehicle
shall not be led out on hire to or driven by any person:
(a) Under 21 or over
70 years of age
(b) Who does not old a full valid British driving licence
or (where approved by the underwriters) a valid British (visitors) or
foreign driving licences or a valid international Driving Permit.
(c) Who has had less than 12 months recent regular driving
experience of a motor.
(d) Who has had his/hers driving licence suspended at
any time
(e) Who has been convicted of any offence in connection
with the driving of a motor vehicle or motorcycle and/or has had his/her
driving licence endorsed during the past 5 years immediately prior to
any hiring or has prosecution in the past 5 years may be ignored.
(f) Who has any physical effect, infirmity, suffers from
fits, diabetes or any heart complaint.
(g) Who has had his/her motor insurance declined, or
renewal refused? Or Policy cancelled or had terms imposed for any reason
(h) Who is not a British subject unless he/she has had
three years recent driving experience of a motor vehicle than a motorcycle
in the United Kingdom
(i) Who is a student and/or graduate under the age of
25years
(j) Who is engaged wholly or partly in professional entertainment
or is a professional sportsman/woman.
(k) Who is a jockey or connected with racing sports of
any sorts
(l) Who is a member of any Foreign Armed Forces?
(m) Who whilst driving has been involved in more than
one accident during the three years immediately prior to any hiring.
2. The insured shall
be driven only by the hirer or any person who has completed and signed
a hirers proposal immediately prior to any hiring
3. The underwriters shall not be liable for the first
amount as may be specified in the insurance document, of each clam for
damage to the insured vehicle.
4. The used vehicle shall not be used other for social,
domestic and pleasure, commercial travelling and other business purposes
of his/her (excluding the carriage of goods and passengers for profit)
5. The insured vehicle shall not be used for the carriage
of goods of the explosive or dangerous nature.
6. this document shall be governed by the laws of England
whose courts shall have justification in any arising hereunder
RENTAL:
In this agreement the following
terms shall have the meaning assigned to them:
Hirer: The Person named as the overleaf.
Driver: The hirer and/or other person named as such overleaf.
Accessories: The spare wheel, tools, roof racks and other
items with which the vehicle is supplied and any replacements thereof.
Rental Period: The period from the check-out date and
time started until the return of this vehicle into the physical custody
of the lessor.
Rental Chargers: The hire chargers for rental period
calculate in accordance with the Lessor’s current tariff.
Excess Amount: The sum specified overleaf period as the
excess amount.
Collision Damage Waiver: A fee calculated in accordance
with the Lessor’s current tariff which relieves the Hirer of all
liability to pay the excess amount.
Insurance Fees: Fees which entitles the Hirer to the
benefits of the cover set out in the master policies issued to the Lessor.
Current Tariff: The Lessors tariff current at the commencement
of hire.
The Insurance Policy: The Lessors policy of insurance
on the vehicle a copy of which is available for inspection at the main
office of the Lessor.
GENERAL:
(a) Should the person signing
this agreement be the Hirer, he or she warrants that they are authorised
to sign for the Hirer and by doing so jointly and severally liable with
the Hirer under the agreement.
(b) The Hirer, his servant, driver or agent, will not
pose as a servant or agent of the Lessor.
(c) The Hirer or driver should be aware of the age stipulations
under which the Agreement is made.
(d) The period of rental covered in this contract should
not exceed 90 days.
(e) The Lessor is not liable in any circumstances for
loss or damage to property carried on or in the vehicle, or any property
left in the vehicle on return. The Hirer will indemnity the Lessor against
such claims.
(f) Without written consent from the Lessor, the Hirer
may not remove the vehicle from the British mainland or any British isle
from which the hire began, and may not take the vehicle from Northern
Ireland to the Republic of Ireland.
(g) Without written consent the vehicle may not be used
to propel or tow any other vehicle or trailer.
(h) The Hirer will not use the vehicle in a manner that
would render void the insurance policy under which the vehicle is operating
or contravention of any Road Traffic Act or Construction and Use Regulations,
or by any person who is not of stipulated age and licensed to drive, or
under the influence of alcohol or drugs, nor in the event of mechanical,
electrical or structural failure where further damage might thereby be
caused.
(i) In the event of the Hirer not returning the vehicle
at the end of the rental period, this is deemed as a breech of this Agreement
and damages would be payable at least equivalent to the rental charges
for the period until the return or recovery of the vehicle.
(j) The Hirer is not authorised to affect any necessary
repairs to the vehicle above the value of £25.00 without the Lessors
prior consent. Save to the extent that there may be an excess on the Lessors
insurance that the Hirer is obligated to pay, the Lessor will refund to
the Hirer the cost of necessary repairs not exceeding £25.00(or
more if the Lessor consent gained)on production of a bone fide VAT receipt
and replaced parts.
(k) If the Hirer commits and breech of the Agreement
the Lessor may treat the Agreement as terminate and take possession of
the vehicle.
THE HIRER WARRANTS:
(i) To operate the vehicle
such that the correct levels are maintained for engine oil, battery fluid,
contents, screen wash and automatic transmission fluid (where applicable)
and to check tyre pressure throughout the rental period.
(ii) To ensure the vehicle is secure when unintended
taking reasonable precautions to prevent loss or damage to the vehicle
its tyres, accessories, equipment or contents.
(iii) In the event of any damage, loss or fault development
to inform the Lessor immediately and to permit the Lessor to carry out
essential repairs or maintenance.
(iv) In the event of any accident to protect
the interest of the Lessor insurance company during the rental period
by:
(a) Not admitting liability or guilt.
(b) Making every endeavour to obtain names and address
of parties involved and of independent witnesses.
(c) Notifying the police immediately if any parties’
guilt has been ascertained or if people or animals are injured.
(d) Not abandoning the vehicle without adequate provisions
for safe securing the same
(e) Calling the office of the Lessors in case of damage,
further provoking a detailed report and diagram to the Lessor.
(v) To return the vehicle together with its accessories,
tyres and equipment to the Lessor at the place of origin of hire (unless
otherwise agreed at or before the end of the rental period or on the earliest
termination of the Agreement in the condition prevailing the commencement
of the rental (fair wear and tear accepted), clean and tidy (traffic grime
accepted).
(vi) Even though it might be the Lessors insurance, the
hirer shall be liable to pay the cost of repair or replacement for any
damage suffered by the vehicle as a result of wilful action of the Hirer,
driver, servant or agent.
(vii) To pay on the Lessors current tariff for rental
and fuel to pay for any accessories, tyres or equipment lost, stolen or
damaged, to pay the Lessor costs of recovering the vehicle in the event
that the Hirer fails to return it to the Lessor, to pay any penalties,
illness and court cost incurred during the rental period and which the
Lessor is obligated to pay (save when caused by the fault of the Lessor)
and to pay VAT, where appropriate the current rate.
FIXED PENALITIES:
The Hirer shall be liable as owner of
his vehicle in respect of:
(a) Any fixed penalty
committed in respect of that under the Road Traffic Offenders Act !985
as amended by the Parking Act 189, and any subsequent legislation or orders
and any offence committed under the equivalent legislation applicable
in Scotland, and
(b) Any excess charge which may be incurred inrepect
of the vehicle in pursuance of an order under Section 46 and 48 of the
Road Traffic Regulations Act !984 and any subsequent legislations or orders
and any such offence committed under the equivalent legislation applicable
to Scotland, and
(c) As a result of a vehicle having been parked or lefted
upon land is not public road, any change or financial penalty which might
be demanded by any corporation, authority or person, and
(d) Any provisions that may be replaced or amended in
respect of the above acts, Regulations or penalties, including the equivalent
legislation applicable to Scotland.
THE LESSORS WARRANTS:
(i) To provide the Hirer
with a vehicle where all reasonable steps have been taken to ensure its
roadworthy and ensure it is well maintained
(ii) When informed of a breakdown by the Hirer to see
the necessary repairs are carried out promptly
(iii) If prompt repair is not possible, to provide a
substitute vehicle to allow the Hirer to terminate the hire
(iv) The Lessor shall not be liable to the Hirer or any
driver or third party for any loss how ever caused
USING LESSOR’S INSURANCE:
(i) This Agreement is
subject to end deemed to include the terms, conditions and limitations
of the Lessors insurance agreement
(ii) Under this Agreement the vehicle hired may only
be driven by the person signing the Agreement and those additional authorized
drivers who listed on and have signed the Agreement
(iii) The Hirer agrees to pay insurance chargers on the
Lessors current tariff and (except when the Hirer has agreed to pay the
collision damage waiver) the cost of any collision damage repair up to
the amount of the Excess
(iv) In his event that the vehicle suffers any damage
as a result of the wilful action of the Hirer or any servant or agentive
the Hirer, even though it may be conversed by the Lessor’s insurance,
the Hirer shall be liable to pay the cost of the repair.
USING HIRER’S OWN INSURANCE:
(i) The Hirer undertakes
to insure the vehicle, equipment and accessories in the full value against
loss or damage (including windscreen damage) by accident, fire or theft
under a comprehensive policy by an insurer approved by the Lessor. All
the Liaisons request the Hirer must provide full details of the policy
before the commission and shall instruct his/her insurers that the Lessor’s
name be endorsed on the policy.
(ii) The Hirer shall not use or permit the vehicle to
be used in contravention of items and conditions of the Hirers policy.
(iii) The Hirer shall provide that any comensatio0n due
with regard to the Hirers policy is paid directly to the Lessor. The Hirer
will also be liable to compensate the Lessor for all loss or damage incurred
by the Lessor in addition to the monies(if any) paid to the Lessor the
Hirer’s insurance
AGREEMENT TIME LIMITATIONS:
The total rental period for the Agreement is operate
may not exceed 90 days |