1. In this Agreement the following terms shall have the meanings hereby respectively assigned them.
Hirer: The person names as such overleaf.
Driver: The Hirer and/or other person named as such overleaf or any other person specifically approved by the lessor to drive the vehicle during the duration of this agreement.
Vehicle: The original vehicle described overleaf or any replacement vehicle.
Accessories: The spare wheel, tools and other items with which the vehicle is supplied and any replacements thereof.
Rental Period: The period from the date and time out stated overleaf until the redelivery of the vehicle into the physical custody of the lessor.
Rental Charges: The hire charges for the rental period calculated in accordance with the lessor's current tariff.
Refuelling Charge: A surcharge which is added to the cost of the amount of "Top- Up" fuel needed when the vehicle is returned to the Lessor. Calculated in accordance with Lessor's current tariff.
Excess Amount: The sum specified overleaf as the excess amount.
Excess Waiver Fee: A fee calculated in accordance with the Lessor's current tariff which limits the Hirer's liability to pay the excess amount to the amount of the nonwaivable excess.
Non Waivable Excess: The Hirer's liability will be limited to the amount of the non waivable excess if Excess Waiver is purchased in accordance with the Lessor's current tariff or is part of an inclusive tariff rate offered by the lessor.
Current Tariff: The Lessor's tariff current at the commencement of hire.
The Insurance Policy: The Lessor's policy of insurance on the vehicle a copy of which is available for inspection at the rental location.
2. The Hirer acknowledges that:
3. During the rental period the Hirer shall keep the vehicle and its accessories in his or any approved driver's possession and shall not allow a third party to take possession of the vehicle or its accessories and when not in use the Hirer shall keep the vehicle and its accessories adequately protected and secured.
4. The Hirer and any driver shall ensure that the vehicle will not be used:
5. The Hirer agrees to pay on demand:
6. The Hirer shall compensate the Lessor in full on demand for any loss it suffers as a result of any damage, fire or theft to or of the vehicle including loss of revenue to the lessor for the period during which the vehicle shall remain unavailable for rental by reason of such matters and any claims made by any persons in respect of the vehicle whilst it is in the Hirer's custody. This clause applies whether you have insurance or not. This clause shall not apply to any loss caused by or the responsibility of the Lessor.
7. The Hirer and any driver shall:
8. Driving on your own insurance policy:
9. The Hirer and any driver shall not:
10. Even if an excess waiver fee is paid, the Hirer shall be responsible for payment of any excess amount where the loss or damage to the vehicle or its accessories arises from the negligence, careless, reckless or wilful action of the Hirer or any driver, damage / loss of keys, loss of accessories, mis-fuelling of vehicles, or damage over 1.52m in height, or driver error breakdown callout charges.
11. The period of hire as specified overleaf shall not be extended without the Lessor's express authorisation in writing and in any event the period of this Agreement shall not exceed 89 days.
12. If the Hirer does not comply with any of the material conditions of this Agreement he shall return the vehicle to the Lessor immediately and pay to the Lessor on demand such loss as is recoverable at law where that loss is caused by the Hirer's non-compliance. Where the Hirer fails to return the vehicle the Lessor shall be at liberty to retake possession of the vehicle and all reasonable costs and expenses incidental to recovery of the vehicle shall be paid by the Hirer to the Lessor on demand.
13. The Lessor has the right to terminate the hire and take immediate possession of the Vehicle if the Hirer fails to, or threatens to fail to, comply with any of the terms of this agreement, if payment is recalled or withheld, if the hirer enters bankruptcy, or if the vehicle is damaged. The termination of a hire under the authority of this clause shall be without prejudice to the other rights of the Lessor and the rights of the Hirer under this agreement or otherwise. The Hirer may terminate the agreement once the goods are returned in good order with no outstanding payments, and with the exception of any administering any penalty notices, fines or subsequent insurance claims relating to their hire and recouping any costs and charges relating to these.
14. Any addition to or alteration of the terms and conditions of this Agreement should be agreed in writing by the parties.
15. Nothing in these terms and conditions shall be deemed to exclude or restrict the Lessor's liability for death or personal injury resulting from negligence or any other liability of the Lessor which cannot be excluded as a matter of law.