Terms and Conditions
Terms and Conditions of Hire
Under these terms and conditions of hire the Owner agrees to let and the Hirer agrees to hire on the terms and conditions set out overleaf and below the vehicle.
1.Definitions
1.1“Driver/s” is any person named in box 2 & 3 overleaf.
1.2 “Hirer” is any person named in box 1 overleaf.
1.3 “The Hire Period” means the period defined in box A & B overleaf
1.4 “The Owner” shall mean Car 2 U or its duly authorised representatives.
1.5 “The Rental Agreement” shall mean the Agreement overleaf.
1.6 “The Vehicle” shall mean the vehicle defined in box A & B overleaf
2. The Hirers/Driver Responsibilities
The Hirer agrees:
2.1 Payment
2.1.1 To pay punctually and without previous deduction counterclaim or set of to the Owner the Rental Charge and all the sums due from the Hirer to the Owner at the time specified for payment in this Agreement and in that the condition of this Agreement is that failure to pay any sums due within 30 days after the due date shall be a repudiation of this Agreement.
2.2 Inspection
2.2.1 Driver /s named in box 2 or 3 to inspect the Vehicle upon delivery and to notify the Owner immediately by completing the Damage Assessment Card (“DAC”) of any defect provided that if no such notification is given it shall be presumed the Vehicle is in good order and condition and fit for the purpose for which it is required and in every way satisfactory to the Hirer.
2.2.2 To allow the Owner or its duly authorised agent or representative upon reasonable notice any time to access to inspect the Vehicle and any records log books, manual or hand book forming part of the Vehicle.
2.3 Use of the vehicle
2.3.1 To use the vehicle for its proposed purpose only as a motor vehicle.
2.3.2 Not to use the vehicle for the purpose of hire or reward without the previous written consent of the Owner.
2.3.3 Not to use the vehicle for any unlawful purpose
2.3.4 Not to use the Vehicle to propel or tow any vehicle unless authorised in writing by the Owner,
2.3.5 Not to use the Vehicle for racing, pace making reliability trials, speed testing or drive intuition.
2.3.6 Not to allow any other driver to use the Vehicle or otherwise drive the Vehicle except those named in box 2 and box 3 overleaf.
2.3.7 Not to carry a great number of passengers and / or more baggage or overloading any recommended value vehicle manufacturer.
2.3.8 Not to allow the Vehicle to be driven by anyone under the age of 21 or over the age of 75 without the prior written approval of the Owner.
2.3.9 Not to use the Vehicle after the expiry of the Hire Period.
2.3.10 Not to use the Vehicle outside of the United Kingdom without the express prior written approval and authorisation of the Owner.
2.3.11 Not to make any alterations to the Vehicle and not to remove any part thereof.
2.3.12 Not to leave the Vehicle in any location and condition likely to cause damage to or have damage caused.
2.3.13 To ensure that the Vehicle is properly secured at all times when Hirer is not using the Vehicle or anytime when Vehicle is left unattended.
2.3.14 To make the vehicle and keys available upon request as demanded by the Owner together with all tyres, tools, accessories and equipment in the same condition as defined in the DAC as when received (ordinary wear and tear accepted).
2.3.15 The Hirer/Driver shall not use the vehicle if any damage or fault shall arise so as to make the vehicle un roadworthy or liable to cause damage to any person or property until such damage or fault has been repaired or corrected. In the event of any such fault arising which can be repaired at a total cost of less than £10 the Hirer shall either return the vehicle to the Owner or authorise the carry out of the repair by a reputable and property qualified motor repairer. Authorisation for expenditure in excess of £10 must be obtained from the Owner prior to commencement of the repair. The Hirer shall not without the Owners consent permit or otherwise authorise repairs to the vehicle at a total cost exceeding £10 or suffer any lean to be replaced upon it and will pay for any and all charges in connection with any such authorised repairs.
2.3.16 The Hirer/Driver shall inform the Owner as soon as practicably possible of any fault to the vehicle requiring or carried out of any repair to the vehicle.
3. Insurance
The Owner shall be subject to the terms of their insurers terms and conditions provide fully comprehensive insurance cover for the Vehicle for the benefit of the Hirer and the drivers provided that they are in possession of a valid full UK driving licence previously inspected by the Owner.
3.1 The Hirer /Driver agrees to comply with and be bound by all limitations and restrictions of such policy. The Hirer/Driver agrees that they will not admit liability for any accident and will obtain names, address and contact numbers for all third parties and witnesses.
4. Accidents
The Hirer/Driver shall as soon as practicably possible report to the Owner any action which the Vehicle is involved and shall deliver to the Owner or its insurers if so directed by the Owner every process pleading or notice of any kind received by the Hirer/Driver relating to the Vehicle. Nether the Hirer not any driver of the vehicle shall aid or abet the assertation of any such claim suit or pleadings and shall co-operate fully with the Owner and its insurers investigated and defending the same.
5. Liability
The Owner shall not be liable for loss or damage to any property of the Hirer/Driver or any other person which may have been in or on the vehicle either before or after its return to the Owner whether or not related to
the negligence of the Owner or the Agents, servants or employees. The Hirer/Driver shall assume all risks or such loss and damage and way of all claims thereafter against the Owner and defend indemnify from all claims arising out of such loss or damage.
7. Termination
7.1 The Hirer may terminate the Hiring of the Vehicle at any time and shall upon so doing forthwith return the Vehicle to the Owner in the condition where they comply with the terms of this Agreement at its own risk cost and expense together with all registration books, log books and hand books.
7.2 The Hirer/Driver is responsible for the Vehicle for up to two working days (working days are defined as Monday to Friday excluding weekends and / or public holidays) after termination of the Hire Period or until the Owner has taken possession of the Vehicle, whichever is the sooner. The Owner must be informed by the Hirer if the Vehicle is no longer required.
8. Default or breach
It is hereby agreed that forthwith upon a current of a Total Loss the Hiring of the Vehicle shall terminate but without prejudice to this agreement (which shall continue in full force and effect) and to any claims or liabilities then outstanding or thereafter arising thereunder.
8.1 Without prejudice to the Owners rights to arrears or rental or other terms due or for damages for breach of this agreement to Owner may terminate the hiring under this Agreement on the occurrence of any of the following events.
8.1.1 If the Hirer shall not pay any of the rentals of sums agreed to be paid by the Hirer for the Owner under this Agreement punctually on the date when due or
8.1.2 If the Hirer shall be in breach of any term of this Agreement
9. Consequences of termination
Forthwith upon hiring of the Vehicle being determined as above or under Clause below or if the hiring under this Agreement is terminated upon repudiation by the Hirer accepted by the Owner the Hirer shall pay to the owner:-
9.1 All arrears of the Rental Charge including any apportioned amount
9.2 Damages for any breach of this Agreement and all expenses costs incurred by the Owner in retaking possession of the vehicle.
10. Generally
The Owner shall at all times retain ownership of the Vehicle and the Hirer shall have no interest in the Vehicle save as provided by this Agreement.
11. Force Majeure
Neither Party shall have any liability under or be deemed to be in breach of this Agreement for ant delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that Party.
12. Amendments
Any amendment to this Agreement must only be in writing signed by a duly authorised representative of the Owner.
13. Law and Jurisdiction
The Validity, construction and performance of this Agreement shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts to which the Parties submit.