|
Terms and Conditions
Any dispute concerning the interpretation of the terms,
exceptions or conditions of the Rental Agreement shall
be resolved in accordance with the jurisdiction of the
territory in which the Rental Agreement was issued.
Definitions:
A. “The Lessor” for the purpose of the agreement is
Alpha Drive Exclusive Vehicle Rentals.
B. “The Hirer” means the person, firm or organisation by
or behalf of who this agreement is signed.
C. “Authorised driver” means driver(s) additional to the
Hirer, approved as specified overleaf.
D. “The vehicle” means the vehicle shown overleaf or any
subsequent vehicle which is the subject of this
agreement.
1. The hirer will ensure that any
authorised driver will comply with all the conditions as
set out in this agreement.
2. The Lessor agrees to rent and
hirer agrees to take the vehicle described overleaf on
the conditions as set out in this agreement.
3. The hirer undertakes to return the
vehicle in a clean condition with all tyres, tools,
radio and other accessories in the same condition as
when received, ordinary wear and tear accepted.
4. The hirer is responsible for all
damage caused by misuse or negligence, and for all
repairs or replacements and for any damage to the
interior of the vehicle.
5. In the event that the hire’s own
vehicle being damaged in consequence of the negligent
act or omission of a third party and the hirer needing a
replacement vehicle the lessor will defer the hirer’s
obligation to pay the charges referred to in Clause (6)
below as hereinafter: - subject to the lessor
discrimination.
i. Payment of the full charges incurred by the hirer
pursuant to this agreement shall be made by the hirer to
the lessor by a single payment either:
a) Upon conclusion of the hirers claim for damages
against the third party alleged to be liable for the
damage to the hirers own vehicle: or
b) Upon the lessor giving notice to the hirer of any
breach by the hirer of either of the conditions set
forth under Clause (5ii) hereof; or
c) Within 350 days beginning with the date of this
agreement; whichever is sooner.
ii. The hirer shall co-operate with the lessor in the
appointment of a specialist solicitor (to be nominated
by the lessor) to act on behalf of the Hirer in
prosecuting a claim for the loss of damages against the
third party referred to in clause (5i) above and the
hirer shall co-operate in the prosecution of the claim
required attend any court hearing.
6. The rate charged for the hire of
the vehicle shall be a daily rate charged for that
vehicle as published in the lessor’s rental tariff valid
at the commencement of the hire.
7. Except where conditions (5)
applies, the Hirer will pay to the lessor on demand all
charges due under this agreement, plus Value Added Tax
at the rate appropriate at the time of the Hire.
8. The hirer or any authorised driver
will: -
i. Report every accident, no matter how minor involving
the vehicle, forthwith to the lessor and complete an
accident form with 24 hours of the same being provided
to him by the lessor.
ii. Obtain the names and addresses of the third party
and any witnesses.
iii. Make no admissions of liability.
iv. Deliver to the lessor all summonses, writs and
documents received.
v. Not aid or abet any claimant, but co-operate fully
with the lessor and insurance company in the insurance
company in the investigation and defence of any claim.
9. The hirer will at the request of
the lessor do all required by enforcing any rights of
remedies against the third parties in connection with
the vehicle.
10. The vehicle will not be used: -
i. For the carriages of passengers or properly for hire
or reward, unless authorised by the lessor.
ii. For racing, peacemaking, reliability trails or speed
testing.
iii. For driving instructions without prior consent
unless the hire vehicle is fitted with dual controls
specifically for the purpose.
iv. To propel or tow any other vehicle or transfer
without prior consent and unless the vehicle is fitted
with a tow bar specifically for this purpose.
v. In violation of the provision of any act, order or
regulation affecting the use, loading or condition of
the vehicle or for any illegal purpose.
vi. Outside the United Kingdom Mainland without express
agreement in writing of the lessor.
11. The Vehicle will not be driven by
any person: -
i. Other than the hirer or an authorised driver.
ii. Who is under the age of 21 or over the age of 70 or
who has not had a driving licence for a minimum period
of 12 months except with a specific consent or where
special insurance has been arranged and has been
provided to the lessor.
iii. Who is under the influence of alcohol, or any other
substance which may impair their ability to drive.
12. You are liable for certain
charges as if you were the owner of the vehicle. Those
charges are:
a) Any fixed penalty offence committed in respect of
that vehicle under part II of the Road Traffic Offenders
Act 1991, as amended replaced or extended by subsequent
legislation or orders and any such offence committed
under the equivalent legislation applicable to Scotland,
Northern Ireland or any British Isle upon which vehicle
is being used.
b) Any excess charge which may be incurred in respect of
that vehicle in pursuance of an order under section 45
and 46 of the Road Traffic Regulation Act 1984, or the
Road traffic Act 1991, as amended, applicable to
Scotland, Northern Ireland or other British Isles.
c) Any financial penalty or charge which may be demanded
by a third party a result of the vehicle having being
parked or left upon land which is not a public road.
13. The hirer will immediately inform
the lessor of any default in the vehicle and will not
use the vehicle having whilst it is unroad worthy
condition.
14. The lessor accepts no
responsibility for delays and/or consequential losses
from breakdown or from any other circumstances.
15. This agreement and conditions of
the hire contain the entire agreement between the
parties and may not be modified except by an agreement
in writing signed by the duly authorized representatives
of the other parties.
16. If for any reason the vehicle
described overleaf, or any other vehicle from time to
time being the subject matter of this agreement shall
become unroad worthy for whatsoever reason, the lessor
shall have the right at their discretion and not
otherwise, to replace the vehicle with an alternative
vehicle of similar seating capacity and performance, but
if no such alternative vehicle is available or if the
lessor shall decline to provide an alternative vehicle,
then the lessor shall be credited to the customer such
portion of any hire charges paid by him as represents
the unexpired portion of the hire period, but shall have
no other claim of any kind whatsoever against the lessor.
17. This agreement may be terminated
by either party giving 24 hours notice or termination
and the vehicle being returned to the lessor.
18. The maximum period of this rental
agreement CANNOT AND MUST NOT EXCEED 85 DAYS from the
start date of this agreement.
19. If you have indicated overleaf
that you want us to provide insurance cover for the
vehicle and/or Additional insurance then the following
terms apply:
a) This agreement is subject to, and includes, all the
terms of our insurance policies, copies of which can be
inspected at our office.
b) The vehicle may be only driven by the following
people:
You personally (if your name is given overleaf), or
The person who signed the agreement on your behalf if
you are a company whose name is given overleaf, or
Any additional driver authorized by us IF that person
has completed an insurance proposal form and we have
accepted it.
c) Our insurance will not give you complete cover. The
amount for which you are not covered is called the
Excess. You may be able to reduce that by paying an
additional charge, the amount of which is shown in our
tariff which can be inspected at our office. Overleaf
shows whether you have accepted or refused the option
(if available) to pay the additional charge, and Excess
for which you are not covered.
d) You may also have the ability to take out additional
insurance as indicated overleaf by paying the charges
shown in the tariff which can be inspected at our
offices.
e) If you or anyone on your behalf deliberately causes
damage to or loss of the Vehicle, even though it was
insured at the time.
20. If you have indicated overleaf
that you want to provide your own insurance for the
vehicle then the following terms apply:
a) It is your responsibility to insure the Vehicle from
the moment you take it until the time it is returned to
us. You must insure it to its full value, against loss
or damage (including windscreen damage) by accident,
fire or theft, under a comprehensive insurance policy
with a reputable insurance company. You must supply us
with full details whenever we ask for them, and you must
tell the insurance company to note our interest on the
policy
b) You hereby authorize your insurer to communicate
directly with us and give us any information we require.
You also authorize us to take over any claim which you
may have which relates to the vehicle, and to negotiate
and settle that directly with your insurer.
c) You must not use or permit the Vehicle to be used in
breach of the insurance policy. If any money is paid out
under the policy which relates to the Vehicle then you
must ensure that the money is paid to us directly.
d) If you do not insure the Vehicle comprehensively, and
we suffer loss of a result, you must compensate us for
that loss.
e) If for any reason the amount which we receive from
your insurance company is less than the loss we suffer
you must pay the difference. |
|
|
 |
