Motor Motion Terms and Conditions as of August 2009.
Please ensure you have read and fully understand our Terms and Conditions before entering into an agreement with us. If there is anything you do not understand, please contact us.
General Conditions
1. Bookings can not be taken without a deposit.
2. Cancellation of hire by the Hirer: Once deposit/s and or hire monies are paid no refunds will be given.
3. All UK cash hire customers are required to submit their passport/other documentation deemed necessary to a member of staff together with their deposit for retention until vehicle is returned.
4. Deposits/Insurance Excess Fees may vary from £100.00 to £1500.00 depending on certain circumstances e.g. Extra risk,age, points etc... underwritten by the lessor/Insurance company.
5. The Lessor/Insurer reserve the right to accept/decline any application for hire at their own discretion.
6. All hire agreements are subject to Lessor/Insurance approval.
7. The Lessor reserves the right to change/replace the Hirers vehicle prior to and during hire and in extreme circumstances cease hire or request the hire vehicle to be returned, for existing hire 24 hours notice shall be served.
7. It can be an offence to make a false declaration/knowingly provide false information.
a)The Hirer by Signing the Agreement overleaf gives authorisation for the Lessor to complete any security checks deemed necessary on either their person or any other person named on the Agreement,which may include any or all of the following:Credit/Employment/Bank Referencing, Personal Tracing Via Outside Agency's Including the Tracking if necessary of any Mobile Phone/ Numbers Provided.
8. The vehicle described overleaf is the property of the Lessor. The Hirer described in the Agreement and Declaration overleaf agrees to return the vehicle together with all tyres, tools, accessories and other equipment in the same condition as received at commencement of this Rental Agreement to the place and on the date and time specified overleaf, or sooner if demanded by the Lessor.
9. During the rental period the Hirer shall keep the Vehicle together with its accessories, tools and equipment in his/her sole possession and free from any and all legal process or lien and when not in use to adequately protect and secure it.
10. All vehicle returns must be handed over to and checked in by a member of staff.
11.All vehicles returned in adverse weather conditions may require further inspection within 24 hours of return, this will also apply to vehicles returned in dirty condition.
12. The Vehicle will not be used:
a) for the carriage of passengers for hire or reward.
b) for any unlawful purpose or in contravention of any Act, Order or Regulation affecting the Vehicle or its use of construction.
c) to propel or tow any other vehicle or trailer.
d) for racing, pace making, reliability trails, speed testing or driving tuition.
e) to carry greater number of passengers and/or more baggage than recommended by the manufacturer.
f ) by any person other than the Hirer who has signed the Rental Agreement or who has been nominated as a driver by Hirer and approved by Lessor.
g) by any person who has within the preceding period of ten years been convicted of a driving offence under the influence of drugs or alcohol, or dangerous driving, or has had more than one accident in the previous three years unless authorised by the Lessor/Insurer.
h) by any person not holding a valid, current driving licence including where necessary or appropriate HGV licence.
i ) by any person under the age of 21 or over the age of 70 unless authorised by the Lessor/Insurer.
j ) by any person who has held a full driving licence for less than 12 months.
k) in any manner which may render the applicable insurance policy void.
l ) outside England, Scotland, Wales without the lessors consent. In which event adequate insurance for the purpose of foreign use must, prior to any travel, commitment or arrangement, be in force and the provision of same shall be subject to separate and additional insurance premium, payment of which shall fall to the hirer.
m) in circumstances where the maximum pay load or individual axle plate weights are exceeded Hirer is responsible for loading and unloading the vehicle.
13. Where a person signing this Agreement purports to do so on behalf of another, they warrant that they are authorised to do so and in such case is deemed to act as Agent Universal, but in any event shall remain personally liable to the lessor.
14. Neither the Hirer nor any servant as Agent of the Hirer is or may hold his/herself out to be the servant or Agent of the Lessor for any purpose whatsoever.
15. The Hirer is not authorised to effect any repairs to the vehicle nor to incur any cost on the Lessors Account without the Lessors express prior consent.
16. The Lessor is not and cannot be held liable for loss or damage to any property stored, transported in or on the vehicle after it has been returned to the Lessors possession.
17. Hirer expressly acknowledges personal liability to pay the lessor and as per the Lessors authority overleaf to if necessary debit the Hirers/third parties nominated credit/debit/charge card company:
a) the rental due under this agreement together with, where specified, a mileage charge computed at the rates specified for rental until vehicle is returned (the number of miles of which said vehicle shall be operated under this Agreement shall be determined by reading the speedometer installed by the Manufacturers, if speedometer fails, the mileage charge shall be made in accordance with the road map distance of the journey travelled).
b) time and miscellaneous charges at the rates specified in this agreement.
c) administration charges at minimum rate of £200.00 + VAT.
d) Lessors costs, including reasonable legal fees incurred in collecting payments due from Hirer.
e) compensation for Lessors loss of use of the vehicle (charged at rates specified in current Lessors tariff) whilst being recovered at the termination of this Rental whilst being repaired consequent upon any collision or other damage suffered before the vehicle was returned to the Lessors place of business.
f) charges of which shall apply for the vehicle returned in an unsatisfactory condition including carriage of animals, smoking, spillage of foods/liquids.
g) uninsured losses i.e. seat/carpet/interior burns, windscreen damage and tyre damage.
h) insurance excess charge currently standing at £500.00 minimum, this may be increased depending on hirers criteria and will be taken in all cases until insurance claim is settled.
i ) late return charges at £10.00 per hour + VAT. Hirer acknowledges responsibility to prior advise/inform a member of staff of a late return.
j ) fuel shortages (charged at rates specified in current Lessors tariff).
k) all premiums/hire payments and to be maintained in advance.
l) The Lessor reserves The Right to charge Interest at 5% above the base rate of NatWest Bank P.L.C,calculated from the date when payment becomes due up to and including the date of the actual payment including all accrued interest,whether before or after judgement on any unpaid Hire/Damage or other associated fees/charges.
Fixed Penalties etc.
18. The Hirer shall be liable as owner of the vehicle in respect of:
a) any fixed penalty offence committed in respect of that vehicle under part 111 and the relevant schedules of the Road Traffic Offenders Act 1988 as amended by the Parking Act 1989 and as those provisions may be amended or replaced from time to time:
b) and any excess charge which may be incurred in respect of the vehicle in pursuance of an order under Sections 45 and 46 of the Road Traffic Regulation Act 1984 as amended by the Road Traffic Offenders Act 1988 and the Parking Act 1989 and as those provisions may be amended or replaced from time to time.
c) and any financial penalty or charge which may be demanded by any person, Corporation or Authority as a result of the vehicle being parked or left upon land which is not a public road.
Insurance Provided by the Lessor
19. Unless the Hirer elects to provide their own insurance the vehicle is, at all times, covered by the Lessors Insurance Policy, the terms of which are available for inspection by the Hirer at the Lessors office. The Hirer shall, however remain liable for any loss or damage to the vehicle as a result of the wilful act or negligence of the Hirer, his Agent(s) or Servant(s) or any breach of the terms of the insurance policy and shall indemnify the Lessor from any third party claim whether consequential or otherwise, which arises there from.
Hirers Own Insurance
20. The Hirer elects to provide on his/her own account a Fully Comprehensive Motor Insurance Policy covering the Lessors vehicle in its full value, current and commencement of this Agreement against loss or damage howsoever caused (including windscreen damage). The Hirer shall in which case, provide the Lessor prior to commencement of the rental period or taking charge and possession of the vehicle, proof of insurance issued by an Insurer authorised by the Department of Trade and Industry and/or recognised at Lloyds of London, upon which the Lessors name and vehicle particulars shall be formerly endorsed.
21. The hirer warrants all premiums required in respect of such policy of insurance detailed in section (COI) overleaf are fully paid at commencement of the Rental Period and shall provide proof of same immediately upon Lessors request.
22. The Hirer shall not use or permit use in contravention of the terms and conditions of his/her Insurance Policy Contract.
23. Any breach of the terms and conditions of the Hirers Insurance Policy Contract, likely to or rendering same void the Hirer shall be held personally liable for all compensation in respect of any loss or damage suffered by the Lessor and would otherwise have been settled by the Hirers if such breach had not been committed.
24. The Hirer agrees that any compensation paid directly to him/her under the insurance contract detailed in the Agreement overleaf in respect of any loss or damage suffered by the Lessor without abatement of deduction of any kind.
25. The Hirer shall be liable to compensate the Lessor for any loss or damage suffered by the Lessor in excess of the monies (if any) paid directly to the Lessors by the Hirers Insurance.
Hirers Obligations in the event of an accident
26. The Hirer agrees to protect the interest of the Lessor and the Lessors Insurance in the case of an accident during the term of this Rental and shall immediately report to the Lessor any accident in which the vehicle detailed and described in the Agreement overleaf is involved and shall:
a) make every endeavour to obtain the names and addresses including vehicle details of all parties involved.
b) obtain the names and addresses of witnesses.
c) not admit liability or guilt.
d) notify Police immediately if another party's guilt has to be ascertained and/or if people are injured.
e) not abandon or leave the vehicle unattended without first ensuring adequate provision for safeguarding and securing it.
f) provide the Lessor with a detailed written report including diagram (accident claim report).
Data Protection Act 1984
The Lessor and Hireguard through a National Database which is used in conjunction with insurers to aid avoidance of a) fraud, b) multiple claims, c) bogus hirers and monitors Hirer/Drivers performance.
In compliance with the said Act Hireguard is the Data User and is accordingly licensed by the Data Protection Registrar, Registration Number N0802 12 1.