These are a sample of our standard terms that form our rental agreement which you will be required to agree to prior to the commencment of any hire period.These are in addition to our terms of busienss which can be found here.
Your required vehicle may include special terms specific to that vehicle type which we will notify you of at the point of hire.
1. RENTAL PERIOD
a) You will have this vehicle for the period shown in the agreement.
b) If you do not bring back the vehicle on time, you will be breaking the conditions of this agreement. We will charge you for every day or part of the day you have the vehicle after you should have returned it to us. We will charge you a daily rate until our vehicle is returned.
c) If you break the terms of this agreement, we will ask you to bring back the vehicle before the date and time we have agreed with you. We will give you written notice in person or send it to the email address you have given us. Once we have given you the notice in person, you will no longer have our permission to have or use the vehicle. If we send you a notice in the post, one day after we have posted it you will no longer have our permission to have or use the vehicle. We may then take back our vehicle without further notice. If we believe you have given us false information, we may take back the vehicle without giving you any notice
2. YOUR RESPONSIBILITIES
a) You must inspect the vehicle and any accessories we provide before you take the vehicle. If you are not satisfied with the vehicle or you do not think the condition of the vehicle matches our pre-rental inspection report, you should let us know. There is a 2 hour grace period from start of hire to notify any additional damage not noted at the time of inspection.
b) You must look after the vehicle, any accessories and the keys or other locking device for the vehicle. You must always remove the keys and lock the vehicle when you are not using it, and use any security device which is fitted or which we supply. You must always protect the vehicle against weather conditions which could cause damage. You must make sure that you use the correct type of fuel and fluids in the vehicle.
c) Depending on section 8 of this agreement ('Our motor insurance'), you are responsible for any damage to the vehicle, including damage caused by hitting low-level objects such as bridges or low-hanging tree branches. You will have to pay the estimated costs for bringing the vehicle back to the condition recorded in the pre-rental inspection report. This could include the cost of any damage inside and outside the vehicle, cleaning costs if the vehicle is dirty, and replacing any items or accessories provided with the vehicle.
d) You must not sell, rent or get rid of the vehicle or any of its parts. You must not give or try to give anyone the legal rights to the vehicle or transfer legal ownership.
e) You must not let anyone work on the vehicle without our permission. If we do give you permission, we will only give you a refund if you have a receipt for the work we have given you permission for.
f) You must let us know as soon as you become aware of a fault with the vehicle, or if the vehicle is stolen or involved in an accident as per section 8 of this agreement.
g) If we have agreed to drop off the vehicle at an address you give us, you will be responsible for the vehicle from the time we drop it off.
h) Unless we have agreed to collect the vehicle from you, you must return the vehicle to the location specified in this agreement . You must return it during the opening hours unless agreed otherwise. When you return the vehicle, our staff must check its condition. If we have agreed to allow you to return the vehicle outside of our opening hours, you will stay responsible for the vehicle and its condition until our staff have checked it. We may need to clean the vehicle before our staff can check its condition.
i) You must not carry any object or substance which, because of its condition or smell, may harm the vehicle or delay us renting or selling it.
j) You must pay any parking charges including the London Congestion Charge and the London Low Emission Zone. An admin fee will apply for each and every ticket or offence we receive. We shall charge this first to the payment method specified for the rental cost of the vehicle or to the card supplied if and represent the ticket to yourself
3. OUR RESPONSIBILITIES.
a) We will identify and tell you about any existing damage to the vehicle before you sign this agreement, this will be recorder on the pre-rental inspection report.
b) We have maintained the vehicle to at least the manufacturer's recommended standard. The vehicle is roadworthy and suitable for you to use at the start of the rental period.
c) We are responsible if someone is injured or dies as a result of our action or failure to act. We are also responsible for any loss you suffer as a result of us breaking this agreement, if we could have predicted your loss at the time this agreement started, and it is a result of us breaking this agreement. We are not responsible for any loss which is a side effect of the main loss and which we or you could not have predicted, such as loss of profits or loss of opportunity (for example not being able to go to a business meeting).
4. PROPERTY
a) We are only responsible for loss or damage to property in the vehicle if the loss or damage is a result of our neglect or if we have broken the conditions of the agreement.
b) You are responsible for removing your personal belongings from the vehicle at the end of the rental period, we are not responsible for any items you leave in the vehicle. If you do leave items in the vehicle, we may agree to keep them for you to collect within a reasonable time. We may charge you reasonable costs for storing the items.
5. CONDITIONS OF USE
a) Only you, any driver named on page 1, and anyone we have given written permission to, can drive the vehicle. Anyone driving the vehicle must have a full driving licence which is valid in the European Economic Area for the type of vehicle you are renting.
b) You must not rent or loan the vehicle to anyone else. You must also not use the vehicle or let someone else use it for any illegal purposes or in a way which would cause nuisance, to carry passengers for a fee (except for minibuses which you have a valid operator's licence for), for driving lessons, to tow or push any vehicle, trailer or other object without our written permission, for racing, pace making, or to test the vehicle's reliability or speed, off road or on roads unsuitable for the vehicle, if the driver has been drinking alcohol or taking drugs, outside the United Kingdom unless we have given you written permission and a Vehicle on Hire Certificate, if it is loaded beyond the manufacturer's maximum weight recommendations, to carry unsecured loads, to carry more passengers than the vehicle was manufactured to legally carry; or if the driver does not have a valid operator's license (if it is a goods vehicle or a minibus).
6. CHARGES
For the duration of the rental term you will be responsible for paying the following charges:
a) All charges and legal costs for any congestion charge, road-traffic offence, parking offence, or any other offence involving the rental vehicle, including costs from the vehicle being clamped, seized or towed away. You are responsible for paying the appropriate authority or company for any charges and costs if and when they ask for these payments. You will also be responsible for paying our reasonable administration charges for dealing with these matters.
At the conclusion of the rental term you will be responsible for paying the following charges.
b) Any charge for loss or damage resulting from you not keeping to your responsibilities as set out in section 3.
c) A refuelling charge if you did not return the vehicle to us with the amount of fuel it was issued to you with. The charge for this is set out in page 1 of this agreement.
d) Any charges or costs from any congestion charges, road traffic offenses, parking offenses or any other offence involving the rental vehicle during the rental term received after the rental term has ended as per section b) detailed above.
e) The estimated cost of repairing any damage noted upon the vehicles return that was not noted at the start of the rental term, whether you were at fault or not when the damage was caused (subject to the insurance cover terms and conditions in place). The lessor reserves the right for commercial reasons to offset any amount charged in relation to damages to the vehicle against the reduction in the vehicles future resale value as a result of these damages therefore the vehicle may not necessarily be repaired before being disposed of by the lessor.
f) The market value of the vehicle if it is stolen or written off (subject to any insurance cover in place).
g) All charges for damages shall be calculated by the Audatex regulated live estimating platform. A copy of any such estimate will be supplied for analysis by a third party but we do not accept that we must offer renumeration for any potential difference between our estimate and any additional estimate supplied by a third party.
h) A loss-of-income charge if we cannot rent the vehicle because it needs to be repaired, if it is a write-off (it cannot be repaired), or if it has been stolen and we are waiting to receive a full payment of the vehicle's value.
i) Any recovery charges from the Vehicle and Operator Services Agency (VOSA), HM Revenue & Customs (HMRC), the police, or any other public organization (or their agent) who has seized the vehicle or if we have to recover the vehicle due to your failure to return the vehicle as agreed You will also have to pay us a loss-of-income charge while we cannot rent out the vehicle.
j) Any published rates for delivering and collecting the vehicle if you fail to return the vehicle a charge for any extra drivers requested or returning the vehicle late, and charges for missing or damaged accessories such as child car seats, satellite navigation systems and other similar items that were supplied by the lessor with the vehicle.
k) Interest, which we will add every day to any amount you do not pay us on time, at the rate of 8% a year above the base lending rate as regulated by the 'Late payments of commercial debts (interest) act 1998'.
m) We will work out all charges in line with this agreement, and they will exclude VAT
7. CONDITIONS OF THIS AGREEMENT
By signing and entering into this agreement you agree that:
a) You are responsible for all charges due under the terms and conditions of this agreement, even if you have asked someone else to be responsible for them.
b) Following any charges due under the terms of this agreement either during the term or at the end of the term we may without notice or limitation charge you via the payment methods you have supplied and pre-authorised at the start of the rental term until we have been compensated in full in line with the terms of this agreement at any time convenient to us but within 180 days of the conclusion of the rental term.
c) This agreement shall be on B2B business to business terms and as such understand that it remains outside the scope of the FCA (Financial Conduct Authority).
8. OUR MOTOR INSURANCE
By signing the appropriate section on page 1 of this agreement you are confirming you would like us to provide motor insurance cover for the vehicle under our policy and therefor agree to abide by the following terms and conditions which relate to our motor insurance and the cover in place.
a) The weekly rental charge as displayed on the rental agreement. Should you not hire the vehicle for a complete calendar week, a fixed daily rental fee equal to the displayed weekly rate divided by 7 (seven) shall be applied for each day the vehicle is in your possession. .
b) We have a legal responsibility to have third-party motor insurance. This provides cover for claims if you injure or kill anybody or damage their property. Cover for damage to property is limited to £1 million.
c) In the result of an accident we will provide cover for loss or damage to the vehicle providing you have adhered to the terms and conditions laid out in section 10 of this agreement (Accident reporting) however you will still have to pay an amount up to the responsibility amount (insurance excess) every time you damage the vehicle. The responsibility amount you must pay in each case is shown on page 1 of this agreement.
d) We will provide cover for theft and any damage caused to the vehicle during a theft or attempted theft providing you have adhered to the terms & conditions laid out in section 11 of this agreement (Theft reporting) however you still must pay an amount up to the responsibility amount (insurance excess) if the vehicle is stolen. The responsibility amount you must pay in each case is shown on page 1 of this agreement.
e) The insurance cover in place shall cover only the hire vehicle and any third-party claims made involving the hire vehicle, it shall not cover any contents or accessories not originally supplied with the vehicle either personal or in relation to your business nor shall it cover any legal expenses arising from a litigation matter made against the hirer following an accident in the rental vehicle.
f) You are responsible for ensuring any insurance cover in place meets your needs. We are not responsible if the product does not meet your needs.
g) Any failure by the hirer to adhere to any of the terms and conditions contained within this agreement shall render the insurance cover in place invalid and you shall be responsible for compensating us in full for any loss we suffer as a result this includes but is not limited to:
i) The full value of the vehicle in the event of a theft or total loss
ii) The full value of any damages to the vehicle however caused
iii) The full value of any third party claim made for either property or personal injury
iv) The full value of any legal expenses incurred defending any claim made by a third party
v) The full value of any loss of use of the vehicle that we suffer
9. YOUR MOTOR INSURANCE
If we fill in the appropriate box on page 1, 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 sign the confirmation on page 1 however you agree that any cover in place must meet our requirements with regards to:
a) The amount of cover and value in place
b) The type of policy you choose
c) The insurer you choose
We must be satisfied with the insurance cover and policy conditions in place, 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 to compensate us if the vehicle is damaged, lost or stolen, or someone else makes a claim.
10. WHAT TO DO IN THE EVENT OF AN ACCIDENT
If you are involved in an accident, you must not admit responsibility and you must report the accident to Network Vehicle Hire as soon as is reasonably possible and in any case no later than 36 hours following the accident by either:
You must also log the accident with our accident & insurance team on the number provided on your rental agreement to make them aware of the accident and to ensure they can arrange recovery if required.
You shall be responsible for determining whether or not the vehicle remains roadworthy following the accident and for returning the vehicle to One Motion for a full examination of recovery is not required.
Any failure to adhere to the above will render any insurance cover invalid as per the terms of section 8 of this agreement.
11. WHAT TO DO IF THE VEHICLE IS STOLEN
In the event of any theft or the veicle you must notify Network Vehicle Hire straight away and in any case not longet than 36 hours after discovery of the theft or attempted theft.
You must also:
a) Notify the police and obtain a crime reference number for the theft or attempted theft.
b) Obtain the names and numbers of any witness' to the theft and pass those on to us.
c) File a written report of the theft with Network Vehicle Hire.
d) Send us any notices, letters or documents relating to the theft or any legal proceedings arising from the theft.
e) Return all keys for the vehicle to Network Vehicle Hire
Any failure to adhere to the above will render any insurance cover in place invalid as per section 8 of this agreement.
12. DATA PROTECTION
By entering into this agreement you agree that we can process and store your personal information in connection with this agreement. We will use your information to analyse statistics, for market research, credit control and to protect our assets.
You agree that if you break the terms of this agreement, we can pass your personal information to credit- reference agencies, debt collectors, the police or any other relevant organization. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect its assets, as allowed under the Data Protection Act 1998.
13. ENDING THIS AGREEMENT
We will end this agreement if:
i) You go into liquidation;
ii) You call a meeting of creditors;
iii) We find out that your goods have been taken away from you until you pay off your debts; or
iv) You do not meet or adhere to any of the terms or conditions of this agreement.
If we end this agreement it will not affect our right to receive any amount you owe us under the conditions of this agreement. We can also claim reasonable costs from you if you do not meet the terms or conditions of this agreement. We can also repossess the vehicle and charge you a reasonable amount for doing so.
