The Owner is the Company, firm or person letting the vehicles on hire who either owns the vehicles or has taken them on hire from a third party and includes their successors, assigns or personal representatives.
1) Rental Agreement
Owner agrees to let and the Hirer agrees to take on the rental of the Vehicle described overleaf. Owner means the hire point listed overleaf. Owner warrants that the Vehicle is road worthy.
2) Extension of Rental Period
Owner may extend the period of rental at the request of the Hirer. The Hirer will pay such additional deposit or deposits, as the Owner shall require. In the event of extension( s) the new date and time agreed for the return of the Vehicle shall then become the due back date save where the context otherwise admits. In no event shall the duration of the rental exceed twenty-eight days.
3) Warranty by Hirer and Additional Drivers-Owner Rights
- a) Hirer agrees to return the Vehicle to the Owner in the same condition received, ordinary wear and tear accepted , on the due date specified overleaf;
- b) Hirer agrees not to use the Vehicle for hire or reward nor use it in violation of any law, ordinance or regulation, nor remove it (without prior written consent from the Owner) from the United Kingdom ;
- c) Hirer hereby warrants and undertakes to the Owner
- i) the accuracy of the information supplied to the Owner;
- ii) that in the case of business rental this agreement is entered into by the driver for and on behalf of the Hirer;
- iii) that he will not operate the Vehicle or permit the Vehicle to be operated in any way that would violate this contract, including: Driving by any person under 23 or over 70; in motor sport events (including racing, pacemaking , rallying, reliability, trials, and speed testing), to propel or tow any vehicle or trailer except where correctly designated; by any person driving when unfit through drink or drugs or with blood alcohol concentration above the limit prescribed for the time being by road traffic legislation; by any other person other than the Hirer or driver shown overleaf; under authority of any licence other than his own; if the Hirer or driver leaves the Vehicle unlocked or fails to secure the keys; other than on a paved public highway, private road or driveway; in a reckless or imprudent manner or if the car is deliberately damaged;
- iv) that the licence shown to the Owner at the time the Vehicle is rented is his own and fully valid;
- v) that he will further protect the interests of the Insurer and the Owner by ensuring the Vehicle is always locked when unattended, and the keys are
- d) If the Hirer commits any breach of this agreement, the Owner may treat the agreement as terminated and may seize, without legal process, or notice to the Hirer, Vehicle at any time or place and Hirer waives all claims for damages connected with such seizure;
- e) Hirer authorizes the Owner to verify through credit agencies, the Driver and Licensing Agency or any other sources, personal, driving and credit information provided by the Hirer and any additional drivers overleaf.
The Hirer expressly agrees to pay the Owner on demand
- a) The mileage charge at rate specified overleaf travelled by the vehicle during
- b) Service and time charges at the rate specified overleaf plus other charges, if applicable even if an account is forwarded to a third party;
- c) Collision Damage Waiver (if any) and miscellaneous charges at the rate specified overleaf.
TERMS AND CONDITIONS
5) The Hirer is responsible for all fines, and court costs for parking, traffic or other legal violations assessed against the Vehicle, other driver or Owner until Vehicle is returned, except where caused through fault of the The Hirer is liable as the Owner of the Vehicle in respect of: any fixed penalty offence committed in respect of that Vehicle under the Road Traffic Offenders Act 1988; any excess parking charges which may be incurred in respect of that Vehicle in pursuance of an Order under Sections 45 and 46 of the Road Traffic Regulation 1984 or the RoadTrafficAct 1991;
6) The Hirer is responsible for any refueling charge currently operated by the Owner;
- i) Value Added Tax and all other taxes (if any) payable on the aforesaid items;
- ii) Owners costs, including reasonable legal fees where permitted by law, incurred collecting payment due from Hirer here under;
- iii) Fair market value of repairing damage howsoever caused to the actual Vehicle supplied, administrative fees, plus loss of revenue at the daily rate shown on the current tariff based on Owners loss or use of the Vehicle, diminishment of value, towing, storage, impound fees, regardless of fault or negligence of the Hirer or any other person, and regardless of whether damages are a result of an act of God. Owner shall have the sole right and responsibility to repair the Vehicle. Damage should be reported in writing to the office where the Vehicle was rented as soon as possible and in any event within 24 hours after the Vehicle was damaged;
- iv) In the event of theft, fair market value of replacing the Vehicle, administrative fees, plus loss of revenue at the daily rate shown on current tariff based on the Owners loss of use of the Vehicle. If Vehicle is stolen it should be reported to the Owner immediately and in any event within 24 hours from the time the vehicle was stolen. It should also be reported to the Police immediately and a crime reference number should be obtained regardless if Hirers own insurance or if Owners insurance applies;
- v) All charges incurred for the collection of the Vehicle if not returned to the original rental office. Unless prior arrangement in writing from the Owner.
- vi) The Hirer agrees to allow the Owner to compute and debit final charges from Credit/Debit Card if that is the form of payment used by the Hirer, shown overleaf. If the Hirer breaches this agreement, the Hirer agrees to cease using the Vehicle and to pay all expenses incurred by the Owner in returning the Vehicle to the place of rental.
7) Hirers Own Insurance
If the Hirer selected “Own Insurance” overleaf, the Hirer shall keep the vehicle insured with insurers approved by the Owner on a comprehensive basis for the value which has been agreed by the Owner to be a fair market value of the Vehicle against loss or damage by accident, fire and theft and against third party and passenger liabilities. In the case of loss or damage to the Vehicle, the Hirer shall permit the Owner to make a claim Thereunder in the name of the Hirer and in such cases reserves the right to claim full rental charges until any necessary repairs have been completed. The Hirer agrees to comply with the terms of the Hirer’s own insurance policy.
The Hirer agrees that all terms and conditions of this agreement hold regardless of whether the Hirer selects his own insurance or the insurance of the Owner.
8) Owners Insurance
Save where condition 7 applies and subject to the Hirers proposal for insurance being accepted by the Owner on behalf of the insurers, the Hirer is insured upon and subject to the terms and conditions of the policy of Insurance held by the Owner in respect of the Vehicle and its use against liabilities to third parties including passengers who are non-fare paying and for whom there are permanently fixed seats. A copy of the policy shall be kept available for inspection by the Hirer at the rental office specified overleaf.
In respect of each and every incident resulting in damage to the Vehicle, the Hirer shall forthwith upon demand pay to the Owner the appropriate excess on such insurance towards or in settlement of the cost of making good any such damage on a full indemnity basis and the cost and expenses incurred by the Owner in proceeding to recover the same from the third party. In the event of the Owner receiving from the third party any part of the amount of such costs and provided the Hirer shall have performed its obligations hereunder the Owner shall repay to the Hirer the like part of such excess. By declining the Collision Damage Waiver overleaf, the Hirer renders himself liable to and agrees to pay the full cost of repair to or replacement of the Vehicle together with all other losses, costs, damage and expenses sustained or incurred by the Owner arising from such loss or damage occasioned during the rental including administrative costs and loss or rental income.
9) Collision Damage Waiver (CDW)
If the Owner offers and the Hirer accepts CDW with the Hirers initials in the appropriate box overleaf, the Hirer agrees to pay the Owner a maximum excess of the amount shown in the Collision Damage Waiver excess box overleaf and the Owner agrees to relieve the Hirer of responsibility for damage and losses over the amount of the excess. Any Breach of Contract Warranties will invalidate CDW purchased by the Hirer. CDW does not relieve the Hirer of responsibility to the Owner for loss of use or administrative costs due to theft of the Vehicle or lost or stolen keys.
10) In Case of Accident
The Hirer shall in the event of an accident that results in damage to the Vehicle procure that:
- a) The Hirer’s and/or Drivers insurers, if the Hirer has selected “Own Insurance” are forthwith notified thereof and that such notice is confirmed in writing to the office where the Vehicle is rented (as overleaf) immediately and in any event within 24 hours after the accident ;
- b) The driver of the Vehicle completes and delivers to the Owner the relevant accident report within 24 hours after the accident;
- c) No admission of liability is made to any person in relation to such accident;
- d) Any write of summons, summons or the other document relating to any proceeding arising out of such accident is forthwith delivered to the Owner at the address overleaf;
- e) All assistance is rendered to the Owner and its insurers to the conduct of such proceedings including without prejudice to the generality of the foregoing permitting such proceedings to be brought by the Owner in the name or the Hirer and defending any proceedings brought against the Hirer;
- f) The Hirer shall forthwith upon demand fully and effectually indemnify the Owner against all losses, liabilities, costs, actions, claim or demands which it may incur or have brought or made against it in relation to the Vehicle or its use or which are not recoverable under a policy of insurance whether the same is effected by the Owner or Hirer;
- g) The names and addresses of all witnesses thereto are collected and given to the Owner.
11) Hirers Indemnity Provision
Upon demand from the Owner, the Hirer agrees to defend, indemnify, and hold the Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs and expenses incurred by the Owner in any manner from this rental transaction or from the use or operation of the rental Vehicle by any party, including claims of or liabilities to third parties and agrees to present a claim to their insurance carrier for all such expenses. If the Hirer has no insurance cover such events or losses, the Hirer agrees to pay the Owner for such losses.
12) THE HIRER AUTHORISES THE OWNER TO SUBMIT FOR PAYMENT A CREDIT CARD IF A CREDIT CARD HAS BEEN PRESENTED AS A MEANS OF DEPOSIT OR SECURITY AT THE TIME VEHICLE WAS RENTED, INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT.
WARNING: THE HIRER IS RESPONSIBLE FOR ALL DAMAGE CAUSED BY OR TO THE FOLLOWING:
i) STRIKING OVERHEAD OBJECTS
ii) INSECURE LOADS
iv) OWN PROPERTY VEHICLES
CTM Hire Ltd provides clean and well-maintained vehicles for hire.
Call us on: 01708 522 334