1. YOUR AGREEMENT WITH US

1.1       Your signature on the form overleaf

  1. Is your acceptance of the terms set out below and on that form; and
  2. Creates a legally binding agreement between you and us.

1.2       The terms of that agreement included the information on the form overleaf and the provisions set out in it.

1.3       It is our intention that all the terms of this agreement with you are contained in this document and in any leaflets provided to you by us at the same time as you’re given this agreement to sign.

1.4       Under the heading ‘MEANINGS’ in clause 13 of this agreement you will find an explanation of certain expressions used in this agreement. in addition any words which are written in italics refer to the relevant boxes on the form overleaf and information recorded in those boxes.

 

 

  1. PERIOD OF HIRE

2.1       We agree to let you have the use of the vehicle from the Date Out and Time Out until the Date and Time Due. With our written agreement you can extend the rental period, in which case the new agreed date and time for a return of the vehicle becomes Date and Time Due. The rental period cannot, however, exceed 28 days in succession nor exceed 89 days in total in any calendar year.

2.2       If you are in breach of this agreement we can end at the rental before the Date and Time Due.  To do this we must give you written notice personally or send it to you by First Class prepaid post at your address set out overleaf.  When the notice is delivered personally-or one day after posting-you will no longer have possession of the vehicle with our consent. We may then take it back.

2.3       We can also take back the vehicle without notice if we reasonably think that you are in breach of any of the conditions of this agreement or given us untrue information.

 

 

3. DRIVING LICENCE REQUIREMENTS

The renter and the driver must possess a valid driving licence for at least 2 year.

These documents/cards must be presented when collecting the vehicle:

 

3.1 A full driving licence (UK customers must include the printed endorsement record or the code obtained from DVLA website: www.gov.uk/view-driving-licence) for all named drivers, with details of all endorsements. Certain endorsements upon the licence may restrict the ability to hire a vehicle. Please contact our Call Centre for further information. International driving permits must be accompanied by the national driving licence and a valid passport.

Driving licenses printed with non Roman Alphabet (Arabic, Japanese, Cyrillic etc) must be complemented by an International driving licence.

For driving licenses from countries not part of the international driving license treaty, an official translation of the license must be presented with the original license.

3.2  A credit or debit card. The card must be in the name of one of the drivers.

3.3 Customers who are paying by debit card must bring an additional form of identification other than a passport, such as an identity card or a recent (must be within the last 2 months) utility bill, bank statement, council tax or tenancy agreement, a second credit or debit card or a building society book.

3.4 You agree that we may elect, at our discretion, to pass your reservation of a vehicle to another business with whom we have a referral arrangement in place. You agree that, if we do so, we act as agent for that other business. This means that when we pass your reservation over to that other business:

(a) we will have no further obligation to you; and

(b) you agreement for the rental of the vehicle will be with the other company and not with us.

(c) Deposits will be obtained by the other business before vehicle is hired. The deposit amount will not exceed the excess value.

(d) Minimum age requirements and insurance excess amounts may differ

3.5 D1 licence requirements, Yes, Our Insurance will permit the use of a large people carrier {above 9 Seater} should the purpose be for social / private use {an insurance fee will apply for non D1 License holders}. If the purpose of hire is Hire & Reward i.e Company Usage – whereby you are being employed to operate the vehicle then a D1 category is required.

 

  1. WHAT YOU AGREE FROM THE OUTSET

4.1       For the purposes of this agreement including any insurance and/or waiver provided under this Agreement (including our third party liability insurance) you represent that-

  1. The information which you give us and which is entered on the form overleaf is true to the best in your knowledge and belief. (Please note the untrue information can invalidate any insurance/waive provided under this agreement).
  2. No person named on the form overleaf as the Driver or Additional Driver

– Has ever been refused motor insurance.

– Is disqualified in any country from driving a vehicle.

– Has ever been disqualified in any country from driving a vehicle for any alcohol or drug-  related offence.

– Is subject to either pending court proceedings for a road traffic offence, or a conviction for a  driving offence which has not been disclosed to us in writing, or any physical or mental disability which affects his ability to drive a vehicle.

4.4       For the purpose of this agreement including any insurance/waiver provided under clause 8 of this agreement (including our third party liability insurance) you agreed that-

  1. You will inspect the vehicle (including its tyres) before you drive it and tell us if you notice any problem (including any damage which has not been mentioned by the belief or on the pre-rental inspection form which you have been handed)
  2. You will obtain any authorizations, licences or permits which are required for the driver to drive or operate the vehicle.

iii.      You will indemnify us (that is to say, reimburse us fully) against

– any losses which are not covered by insurance taken out by you;  and

– all claims by or against us resulting wholly or partly from your failure to comply with your     responsibilities under this agreement.

 

 

  1. OUR RESPONSIBILITIES TO YOU

5.1       We have maintained the vehicle in accordance with the manufacturers recommendations.   At the start of the rental period it will be in good working order and suitable for the purpose for which it is designed.

5.2       If the vehicle becomes unroadworthy, we may at our discretion replace it. The replacement will if reasonably possible be similar to the vehicle you originally rented.   If we do not replace the vehicle we will give you a refund of the unexpired charges.

5.3       Except where it is due to our negligence, we will not be responsible-

  1. For any losses which you may suffer in connection with the furnishing, performance or use of the vehicle; or
  2. For any loss of or damage to any property which you or any other person leave in or on the vehicle nor will we in any case be liable for any unforeseeable losses; that we will pay for expenses authorised by us in advance for repairs.

5.4       If we find any property which has been left in the vehicle or in our premises and this property has not been reclaimed within six months of the end of the rental period we reserve the right to dispose of it and charge you for the reasonable costs of disposal. You will also be liable for any reasonable costs we incur in holding the property and any reasonable administration costs including the cost of posting property to you, if so requested by you).

5.5.      If you are not a consumer we exclude the rights, duties and liabilities referred to in section 9 of the Supply of Goods and Services Act 1982.

 

 

  1. YOUR RESPONSIBILITY ONCE RENTAL COMMENCES

6.1       You will comply with the terms of the relevant insurance policies if you purchase any insurance and/or waivers mentioned in clause 8 of this agreement or if you insured through us for Third Party liability.

6.2       Apart from fair and tear or damaged caused by Acts of Gods you will (regardless of fault) be responsible for any or all loss of or damage to the vehicle (including any reduction in value of the vehicle that remains after repair).

6.3       In the case of loss of, the vehicle (or theft of the vehicle) you will also pay any loss of rental income.  Our loss of rental income will be charged at the prevailing rate applicable to the rental in question until repairs are completed or, if the vehicle is lost, stolen or beyond economic repair, until such time as we reach settlement with you and payment is received by us.  In addition you must pay any income and fees, storage fees, towing costs and any reasonable administration costs of processing any of these claims.

6.4       You agree to comply with the use restrictions in clause 6 of this agreement.

 

 

  1. USE RESTRICTIONS

7.1       You will tell us as soon as possible about loss of, or damaged to, the vehicle, or if it is not working correctly. If further damage is caused to the vehicle by using it when it has been damaged or is faulty, you must not continue to use it

7.2       You will treat the vehicle in a responsible manner and take proper care of it, making sure it is locked and secure when not in use and properly protected against damage due to bad weather.  You must ensure that the correct fuel is always used and regularly check and maintain correct level of tyre pressure and engine oil and other vehicle fluids.  When not in use you will set and use security devices fitted to or supplied with the vehicle.

7.3       You will ensure that the vehicle is not used if it is in an unsafe condition or unfit to drive or for the purpose for which it is not designed or suitable. You will not overload the vehicle or allow it to carry more passengers than the number for which it is fitted out by use at the start of the rental.

7.4       You will probably secure all loads and will not carry any hazardous, dangerous or inflammable substances.

7.5       You will not drive the vehicle on unmade up roads or other unpaved surfaces, nor drive it at excessive speed over or through traffic calming devices.  You will not use the vehicle for racing, pacemaking or any other sort of competition.  You will not use the vehicle for towing, pushing, driving instruction or any other hazardous or unusual use.

7.6       You will not allow the vehicle to be operated or used by anyone who has not been authorized by us.

7.7       You will not use or drive the vehicle for any unlawful purpose nor whilst intoxicated or under the influence of any substance which impairs driving ability.

7.8       You will not take or allow the vehicle to be taken into any area of an airport or airfield to which aircraft have access.

7.9       You will tell us the whereabouts of the vehicle if we ask you.  Without prior written consent, you will not take the vehicle outside England, Scotland or Wales, or out of Northern Ireland if the rental originated in that province.

7.10      You will not sell, rent or dispose of the vehicle in any way nor represent that you are the owner of the vehicle or our agent.  You will not remove or change any name or other marked identifying ownership of the vehicle nor use the vehicle to carry people all property for hire reward.

7.11      You must not do or allow any work on the vehicle without our permission. Any repairs to the vehicle must be carried out by a suitable qualified mechanic.

7.12      You will pay directly or reimburse us for any signs of penalties imposed as a result of the use of the vehicle and reimburse us any reasonable administration costs of responding to the police or other authorities regarding those fines of penalties.

 

 

  1. YOUR RESPONSIBILITY FOR RETURNING THE VEHICLE

8.1       You must return the vehicle to location specified overleaf at which the vehicle is due by the Date and Time Due or at once if this agreement is terminated beforehand.  If you do not do so we may take back the vehicle wherever it may be at your expense. You shall have a grace period of 59 minutes to return the vehicle. Failing to return the vehicle within the grace period will incur additional charges to be determined in our sole discretion. In the event that you return the vehicle earlier than the date originally specified on the voucher, no refund will be made.

8.2       If you fail to return the vehicle to the location specified overleaf you will pay for the cost of collection.

8.3       If the vehicle needs more than out standard valeting then you will pay the extra cost.

8.4       Your responsibility for the vehicle continues until the keys have been handed to one of our employees.  If you return the vehicle to or near the location specified when it is closed your responsibility for the vehicle only ends when the location is open again as long as the keys have also been left in a secure place there in accordance with the “out of hours” instructions for that location.

8.5       If the vehicle is not returned on time we will report to the police and that it is no longer in your possession with our consent

 

 

  1. INSURANCE AND WAIVERS

9.1       By Law you must be insured for third party liability for death, bodily injury and property damage while you are renting the vehicle.  You will be insured for those risks (with unlimited cover for third party liability for death or bodily injury and cover up to £250,000 for third party property damage as required by statute) under the policy held by us (subject to the terms and conditions of that policy) unless-

  1. With our prior agreement you arrange your own insurance, or
  2. The gross weight of the vehicle exceeds 20 tonnes (in which case you must arrange your own insurance).

9.2       Where we provide third party liability insurance, you agree to be bound by the terms and conditions of the policy held by us, a copy of which is available for inspection at the commencement of the rental on request.  Please also see clause 8(Q) to section (S) of this agreement.

9.3       Renters own insurance

-You may arrange your own motor insurance to cover your legal responsibility for any loss, or if the vehicle is stolen or damaged, for the full period you are renting the vehicle for. You must prove that this motor insurance is valid and have agreed with us in writing. This must be with insurers approved by us on a comprehensive basis without excess. We have the right to agree:

-the amount of cover you arrange;

-the type of policy you choose; and

-the insurer you choose. We must be satisfied with the insurance cover and policy conditions, and you must not change them. We may ask your insurers to record our name as owner of the vehicle. If the vehicle is damaged or stolen we will negotiate any settlement for loss or damage with your insurers, and we will receive any money they pay out. This includes allowing us to take legal action in your name and defending any proceedings taken against you. You are responsible for paying the full claim and paying all costs if the policy you have arranged fails and the vehicle is damaged, lost or stolen, or someone else makes a claim. Please note that under the terms of this agreement you remain liable to us for any losses which are not covered by your insurance.

 

  1. COLLISION DAMAGE WAIVER (“CDW”)

10.1      If you choose to decline collision damage waiver you will be liable for any and all losses described in clause 5(B) and (C) for this agreement. Up to the value of the vehicle.

10.2      If you choose to accept collision damage waiver then your liability (and that of any additional driver) in respect of any such losses will be limited to the amount of money shown on the rental agreement.

 

 

  1. EXCESS REDUCTION (“EXR”)

11.1      If you choose to accept excess reduction your liability (and that of any additional driver) in respect of any such losses will be limited to the amount shown on rental agreement.

11.2      Please note that neither collision damage waiver nor excess reduction will relieve you all your liability in respect of damage to the vehicle-

  1. The vehicle is a commercial vehicle or minibus/multi-personnel vehicle and the damage is caused by striking an overhead object.
  2. If the driver was driving dangerously or using the vehicle whilst unfit through drink or drugs or with a blood alcohol level in excess of that permitted by law.

iii.      If the damage arose wholly or partly as a result of your failure to comply with any of your responsibilities or those of any additional driver under this agreement.

 

 

  1. THEFT WAIVER (“TW”)

12.1 If you choose to decline theft waiver and the vehicle is stolen or unlawfully taken or you are unable to return the vehicle at the end of the rental you will pay us the value of the vehicle. In addition you will pay us for the other losses we sustain including those described in clause 5(C) of this agreement.

12.2 If you accept theft waiver your liability in respect of theft and other matters just described will be limited to the amount shown on the rental agreement.

12.3 Please note that theft waiver will not apply if the loss arose as a result of your failure to comply with any of the use restrictions in clause 6 of this agreement.

  1. PERSONAL ACCIDENT (“PAI”)

13.1 If you choose to accept personal accident insurance (“PAI”) shown in charges schedule (referring to PAI) you and your passengers will be provided with cover under the terms and conditions of the policy supplied by the insurance carrier named in the insurance leaflet handed to you at the time you are given this agreement to sign.  The amounts insured are set out in the leaflet.

13.2 If you accept the offer of personal accident insurance (PAI) please note that-

  1. We are only acting as agents for the insurance company mentioned in the insurance leaflet the handed to you for the purpose of the sale of its products.
  2. You agreed to be bound by the terms and conditions of the insurance policy, a copy of which is available for inspection upon request.

iii.      The information about insurance set out in this document identifies and only the general nature and terms of the insurance and your responsibilities in respect of it.

 

 

  1. YOUR INSURANCE/WAIVER OBLIGATIONS

14.1 In addition to your other obligations you must comply with the provisions of the relevant insurance policies (including our policy for third party liability or your own insurance policy, if you arrange your own insurance).  For the avoidance of doubt, any failure to do so will constitute a failure to comply with your responsibilities under this agreement.

14.2 You may not use the vehicle for any purpose or any circumstances prohibited by this agreement.  If you do, you will not be covered by the relevant insurance policy except in so far as is required by law, and, even then, you will be required to repay to the insurer is all sums paid by them which they would not have had to pay but for the provisions of that law.

14.3 You must not do anything else to allow anything else to be done which could lead to any relevant policy being avoided.

 

 

  1. WHAT YOU MUST DO IF THE VEHICLE IS STOLEN OR INVOLVED IN AN ACCIDENT

If the vehicle or insured contents are stolen or unlawfully taken or involved in any accident you must-

  1. Give us and the insurers full details at once and then confirm that notification in writing within 24 hours.
  2. Ensure that the driver completes and delivers to us an accident report form for delivery to insurers is within 72 hours of accident.

iii.      Make no admission of liability to anybody.

  1. Obtain names and addresses of all witnesses and given them to us.
  2. Inform the police of any theft or unlawful taking.
  3. Send to us at once any letters from any third party and any writ, summons or other documents relating to court proceedings.

vii.      Help us and the insurers in dealing with the court proceedings.  This includes allowing legal actions to be taken in your name and defending any proceedings taken against you.

 

 

  1. PAYMENT

16.1 We require you to pay a deposit before taking the vehicle.  We may use that deposit later to settle any sum due from you.

16.2 At the end of the rental period you will pay us the total rental and other sums including insurance premiums, making up the sum shown as due on the form overleaf.  Please note-

  1. The charges will be calculated in accordance with rates agreed before you take the vehicle.
  2. VAT and Insurance Premium Tax (if you take out insurance through us) will be charged at rates applicable at the end of the invoice.

iii.      Rental charges based on mileage will be based on the milometer the fitted to the vehicle.  It will be read and recorded at the beginning and end of the mental period.  If we think there has been a malfunction we may make a reasonable estimate of mileage.

16.3 You will remain responsible for the sum shown as due on the form overleaf until it is paid by any third party who may have agreed to make the payment.

16.4 If the renters name overleaf has been incorrectly given the person signing overleaf will be treated as the renter and will be liable as such under this agreement.

16.5 You authorize us to process all amounts due to us under this agreement on your credit card the details of which are set out overleaf (including refuelling charges and any other sum which you may be liable to pay us under this agreement).

16.6 Cancellation policy –  If you give more than 120 business hours notice this will levy a cancellation charge of £35.00 + VAT. If the cancellation is within 24 business hours of the reservation then a full cancellation charge of the rental cost will apply.

 

  1. REFUELLING CHARGES (A or B applies)

17.1 You must return the vehicle with no less fuel than when the rental period began.  If you do not do so you must pay-

  1. A refuelling administration charge; and

iii.      A charge for the amount required to top up the fuel to the amount when the rental period began.

17.2 If you purchase fuel from us at the beginning of the rental period the charge will be specified overleaf. No credit will be given for unused fuel or for fuel in excess of that initially provided by us.

Incorrect Fuel:

If the driver or someone else puts the wrong fuel in the vehicle the vehicle should not be driven. The cost to rectify this mistake will be charged to the customer and is not covered under any insurance package purchased.

 

 

  1. LOST KEY CHARGES

If you lose any key to the vehicle you must pay-

  1. The cost of the replacement key.
  2. A lost-key administration charge.

iii.      A charge in respect of any courier used to supply you with a replacement key.

You are subject to a daily rental charge, the vehicle shall remain on hire and you shall be liable to pay for the rental fee until the vehicle is physically made available to us.

  1. YOUR LIABILITY FOR ROAD TRAFFIC AND PARKING OFFENCES AND CHARGES

You will be responsible for paying the following charges, including but not limited to:

  1. All charges and legal costs for any congestion charge, road-traffic offence or parking offence, or any other offence involving the rental vehicle, including costs from the vehicle being clamped, seized or towed away.
  2. Any fixed penalty offence committed in respect of the vehicle under the traffic acts during that rental period; and

iii.      Any excess parking charge incurred in respect of the vehicle during that period by virtue of an order under section 45 or 46 of the road traffic regulation act 1984.

  1. A charge in respect of our costs of administering the penalties and referred to in clause 12 (A) and (B) above. In the event of a fixed penalty offence or excess parking charge being committed or incurred during the rental period, you agree that we may deduct from your credit card account the amount of such fixed penalty of charges.

 

 

  1. MEANINGS

20.1      In this agreement-

  1. “You” are the renter named overleaf (and “your” is to be read accordingly). If you and the driver are not the same person then-
  2. You remain responsible for any breach of this agreement by the driver.

iii.      The driver is also responsible for complying with this agreement as if he were you.

  1. You have a duty under this agreement to ensure that the driver is aware of its provisions.
  2. “Driver” is the person whose name appears overleaf as the driver and any additional driver named overleaf. Only the driver may drive the vehicle unless we allow in writing an additional driver.
  3. “Losses” includes all losses, physical damage, liabilities, damage, fees costs and expenses (including fees and costs).

vii.      “Statue” includes an instruction made under the statue.

viii.      “The Traffic Acts” has the same meaning as in the road traffic act 1988.

  1. “The Vehicle” is the vehicle described overleaf. It includes any replacement and all the equipment, accessories, tools and documents and the spare tyre.
  2. “We” are Capital Car and Van Rental.

20.2   Words and expressions in italics in this agreement refer to the relevant boxes overleaf and the information recorded in those boxes.

20.3  References in this agreement to statue (however described) are references to that statue as amended and includes a reference to it as extended or applied, by or under any other enactment, including any other provision of that statue.

 

 

  1. DATA PROTECTION

21.1      Data recorded in relation to this agreement-

  1. May be used and disclosed by us in order to identify other products or services which might be relevant to you and for statistical analysis (including credit scoring).
  2. May be disclosed by us to any debt collection, credit reference, vehicle recording or other relevant body, in the event that you are in breach of this agreement.

iii.      May be disclosed by us to the British Vehicle Rental and Leasing Association of (“BVLRA”) for use by any of its members for the purpose for which BVLRA is registered under the data protection act 1988.

 

 

  1. RELEVANT LAW

22.1      The laws of the country where this agreement is signed by you apply to this agreement and any court proceedings in relation to it shall be conducted in that country or (if different) the country of member of state of the European Union in which you are domiciled.

 

 

  1. PROMOTIONS

23.1      The minimum age of hire for our promotional vehicles is 25.

23.2      Promotional products, i.e. Tickets are NOT refundable.

 

 

  1. VEHICLE COLLECTION POLICIES

24.1      If a vehicle is ready for collection, the client is fully responsible for the vehicle until keys are handed to Capital Hire staff at the clients’ premises. In case of delays, you understand and agree to keep the vehicle for an additional period of 6 hours after the time the rental finishes for us to collect the vehicle, during this time you are responsible for the vehicle; this includes Parking Costs, Damage and Theft.