VMS INDIVIDUAL HIRE TERMS AND CONDITIONS
In this Agreement the following terms will have the meanings hereby respectively assigned to them:
“Agreement” The Hire Agreement together with these Terms and Conditions and where applicable any agreement relating to the payment of Charges agreed in writing by us or a finance company, which together will constitute the Agreement between the parties.
“Driver” The Hirer and any driver approved by us to drive the Vehicle.
“Hire Agreement” The document addressed to you from us which confirms to you, the details of the Vehicle(s), Rental Period, Rental Charges and such other information as we may provide to you in relation to the rental of the Vehicle(s).
“Rental Period” The period from the date and time stated overleaf until the vehicle is off hire in accordance with condition 10.7 which will not be for a period of more than 90 days in a calendar year (365) unless otherwise agreed in writing by us.
“Rental Charges” The hire charges for the Rental Period calculated in accordance with our current tariff, being the rate shown overleaf, confirmed in an email or through our website or such other rate agreed between the parties in writing.
“Vehicle” The vehicle described on the Hire Agreement, in any e-mail or through our website or a similar vehicle which we substitute for the one identified, or any replacement vehicle under this Agreement together with the spare wheel, tools and other accessories supplied with the Vehicle.
1. Before we can let you hire a Vehicle from us, we will require original photographic ID (ie., driving licence or passport) for yourself and any named Driver, proof of home address and, in each instance, a DVLA validation Code (UK Drivers only, Non-UK drivers please see 3.4 below). A code is valid for up to 21 days and can be obtained by visiting:
2. We will:
3. We may require further ID from you in respect of yourself and of any named Driver, in the form of a utility bill or bank statement (or other document which we have agreed in writing to accept) that shows your home address that is less than 3 months old on the date you pick up the Vehicle from us. You should bring the additional documentation with you when collecting the Vehicle, in case we require further evidence. Failure to have the correct documentation may prevent you from collecting the Vehicle, and you may still remain liable for the Rental Charges from the agreed time for collection.
4. For non-UK citizens, when you collect your Vehicle, in addition to the methods of verification referred to above, we may ask to see additional proof of your name and home address. You should contact us in advance of collection to ascertain what further documentation and information, if any, is required.
5. Hirer and Drivers should be 25 years and over to drive a Vehicle. We may apply additional Licence endorsement and age restrictions for some or all of our vehicles. It is your responsibility to ensure that you can meet such requirements prior to entering into the Agreement.
1. Only those who are named Drivers may drive the Vehicle.
2. During the Rental Period, it is your responsibility to:
If you are in breach of conditions 4.1 or 4.2, then you will indemnify us against all loss, liability or damage whatsoever thereby arising.
1. You will:
2. Where the above requirements apply and you fail to fulfil any or all of the requirements then, it may cause the insurance to be invalidated and you will be responsible for and will pay to us all reasonable costs of any detrimental consequences, and loss, damage or liability that may arise as a result. We also reserve the right to demand immediate return of the Vehicle where the insurance is compromised or invalidated.
1. To maintain and protect the Vehicle and to prevent and detect crime we may fit and use electronic devices to monitor the condition, performance and operation of a Vehicle and/ or to live track a Vehicle’s movements. This information may be used both during and after termination of the Rental Period. No costs for these devices will be passed on to you unless previously agreed as part of a “vehicle’s specification”.
2. You confirm that in entering into this Agreement, you have the authority of any Driver and every user of the Vehicle to the use of such devices, to collate, store and use the information arising from them, and will indemnify us against any claim by a Driver or user of the Vehicle, or any other prosecution or action otherwise arising from any claim that our use of any such device or data breaches data protection law, where had appropriate permissions been obtained by you, no such action would have been taken in relation to the use of such devices.
3. We may on request, and at our entire discretion, provide to you information regarding the use of the Vehicle whilst on hire which is derived from the use of tracking devices. We may require you to provide such evidence of the Driver/user’s agreement and/or require a further indemnity from you as we will require in relation to the release of such information and will be entitled to apply a charge to you to cover the administrative costs associated in providing such information.
4. By entering into this Agreement, you warrant that you have obtained and will throughout the Rental Period continue to hold all consents expressly obtained from drivers and users of the Vehicle explicit consent to the use of such electronic devices.
1. The charges will comprise where applicable of:
2. You agree to pay on demand:
1. You will:
2. You will:
1. You will be liable in respect of any offences which may be committed in connection with the Vehicle during the Rental Period including but not limited to:
2. You accept liability for and agree to indemnify us against any claims which may be made against us pursuant to condition 10.1.1 to 10.1.7 (including our administration fee).
3. You will remain primarily liable for such charges and you consent to us notifying such authorities, organisations and enforcement bodies of your details, and where available, any driver details, to effect a transfer of liability. You hereby irrevocably authorise us to provide such information.
4. We will be entitled to charge you for our administration fee which covers our reasonable costs incurred in administering the correspondence associated with each fine, charge or penalty that is issued for the Vehicle during the Rental Period.
5. Where we receive a penalty charge notice that is issued for the Vehicle during the Rental Period and which is capable of being paid then we may pay the amount due, and you authorise us to pay such penalty so that we mitigate the cost. You, where we choose to pay such charges, will reimburse us for the said charge and authorise us to deduct the same from your credit/debit card, plus our administration fee (for each charge and each related correspondence).
6. We will inform you by letter or e-mail that we have paid the penalty and will charge you accordingly.
7. The Vehicle will remain on hire to you until the off hire procedure has been completed and the Vehicle will be deemed to be off hire for insurance purposes when it is delivered into the our possession:
Note: The return of the Vehicle to our premises outside normal business hours does not constitute off hiring (ending the Rental Period).
8. The Vehicle will remain at your risk until it has been off hired and where you have arranged insurance yourself, you should ensure that the insurance remains in force as you will continue to be liable for any loss or damage which occurs.
9. Notwithstanding the above sub conditions 10.7 and 10.8, we agree that (subject to the provisions of condition 12.5, 8.2.8 and 8.2.12, we will cease to levy hire charges for the Vehicle after 17:00 on the day upon which you notify us that you wish the hire to cease provided always that the Vehicle is delivered into our possession and taken off hire by 10.00 am on the following day upon which we are open for business.
1. When the Rental Period commences, you will be asked to sign a section on the Rental Agreement that describes the Vehicle’s condition at that particular time. It is your responsibility to fully inspect the Vehicle and any accessories for any pre-existing damage and to identify such damage on the report.
2. Where it isn’t possible to check pre-existing damage to the Vehicle and any accessories at the time of Vehicle pick-up, you must notify any such damage in writing within 24 hours of the start of the Rental Period.
3. If you do not notify us of any pre-existing defect or damage which is identifiable on inspection, then you will be deemed to have accepted the Vehicle and any accessories in the condition set out on the Rental Agreement and will be charged for any new damage that is discovered when the Vehicle and any accessories are inspected by both parties on return of the Vehicle (or earlier where the Vehicle is returned for inspection, servicing or repairs).
1. Any shortage between the fuel levels at the point of hire and the fuel levels at the point of return will be charged to you at our rates of forecourt plus 20% (and include a refuelling charge).
2. All goods and any personal belongings in or on the Vehicle must be removed before it is handed back. We may at our entre discretion store goods pending collection but will be entitled, without notice to you, to sell/dispose of or destroy any goods or personal items left in or on a Vehicle and to charge you for the costs in doing so. Charges will be applied in accordance with the Charges Section.
3. Upon the return of the Vehicle you should inspect the Vehicle together with our agent and countersign the check-in document which includes a record of any new damage (from that described on the Agreement at the time of pick up). Each party will retain a copy of the return inspection report.
4. If, during the inspection, new damage to the Vehicle is discovered (from that described on the Rental Agreement at the time of pick up) we will arrange for repair and replacement of part and accessories as necessary and charge you for:
5. In the event of the Vehicle being returned or collected in a damaged condition, the rental charge will continue until such time as the Vehicle is repaired and returned to a hireable state. Should the Vehicle be deemed to be beyond economical repair, or stolen and not recovered, the hire charge will continue until settlement in full is received.
6. You are responsible for:
7. You are responsible where supplied for all spare wheels, tyres, batteries, battery chargers and fuel cans and any loss or damage will be charged for.
8. You are responsible for keeping secure all sets of keys, lost or stolen keys may result in the vehicle locks being replaced and all associated costs will be your responsibility.
9. You will have exclusive possession, use and control of the Vehicle for the duration of the Agreement and you will assume exclusive responsibility to the public and any regulatory body having jurisdiction.
1. We will confirm in the Rental Agreement if there is any limitation on the mileage the Vehicle may travel.
2. If during the Rental Period, or if longer in any three month period the mileage travelled by the Vehicle deviates by 20% over any mileage allowance set out in the Rental Agreement we have the right to amend the Rental Charge following consultation with you over the remaining Rental Period to allow for additional costs.
3. If fire extinguishers or first aid kits are provided as part of the vehicle specification they are on an initial supply basis only and any time based inspections required or replacements are your responsibility and you will replace such items on a like for like basis.
4. Where a replacement vehicle is provided as part of the Rental Charge, this replacement will be a suitable alternative (as deemed by Our) and will be made available should the original vehicle be off the road due to fair wear and tear maintenance for a period in excess of 1 working day. Replacements not due to fair wear and tear can be provided but will be at our standard rate tariff.
5. You are responsible for operating vehicles legally and following Environmental laws including waste disposal and where applicable, will hold the necessary waste transfer licences that may be required
1. We may demand the return of the Vehicle at any time and if in our reasonable opinion, such demand might not be complied with. We may repossess the Vehicle and terminate this Hire Agreement without any liability for any loss or damage which you may sustain as a result of such demand and termination or repossession. We will be entitled to a lien over any goods or possessions on the Vehicle at the time of repossession or termination of the Agreement and may deal or otherwise dispose of such items to cover any outstanding charges, costs or liabilities.
2. We will be entitled to terminate this Agreement on written notice to you where you is in breach of any term of this Agreement.
3. This Agreement and the hiring hereunder will terminate immediately if a petition to wind you up or to appoint an Administrator (if you are a business) is presented to a court or if you pass a resolution for voluntary liquidation (except for the purposes of amalgamation or reconstruction) or if a Receiver or Receiver and Manager is appointed with respect to any of the assets of yours or a petition for bankruptcy is made and upon such termination as aforesaid you will immediately return the Vehicle to us or our duly authorised agent for the return of the Vehicle at such place as we may have appointed.
4. Termination of this Agreement will not affect the accrued rights or liabilities of a party.
5. Notwithstanding the termination or expiry of this Agreement, we will be entitled to enforce those terms and conditions which would reasonably be implied to continue beyond termination to enable us to enforce our rights under this Agreement.
1. We will be liable to you for direct loss only as set out in these terms.
2. It is agreed and acknowledged by you that we will not be liable for any indirect or consequential loss whatsoever, howsoever arising that you may suffer or incur, including loss of profit or loss of use.
3. Nothing in these terms and conditions will be deemed to exclude or restrict our liability for death or personal injury resulting from negligence or other liability of us, our servants or agents which cannot be excluded as a matter of law, for fraud or fraudulent misrepresentation.
4. Our Liability to you for loss or damage, whether arising in contract tort of negligence or otherwise will be limited to the value of the Vehicle Hire plus fifteen percent.
5. We will not be responsible for damage to any Vehicle, equipment or surface of property during the unloading or loading of the Vehicle/s upon delivery or collection, howsoever caused.
1. In the event we are unable to resolve any complaint you may have then you have the right
of appeal to the British Vehicle Rental and Leasing Association (‘BVRLA’) which is approved by the UK Government for resolution of consumer disputes relating to car rentals that take place in the UK. Further details about BVRLA can be obtained at the following address: http://www.bvrla.co.uk/.
2. A notice required or permitted to be given by either party to the other under this Agreement will be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
3. No waiver by us of any breach of the Agreement by you will be considered as a waiver of any subsequent breach of the same or any other provision.
4. If any provision of the Agreement is held by a court or other competent authority to be invalid or unenforceable in whole or in part of the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected
5. The Agreement will be governed by the laws of England, and you agree to submit to the exclusive jurisdiction of the English courts.
6. We will be entitled to assign its rights and obligation under this Agreement to any third party or to novate this agreement in whole to any third party. You will not purport to assign any rights or obligations arising under this Agreement to any third party.
SEPARATE DOCUMENT FOR DATA PROTECTION
You agree that in providing your information we can: