1. In no event shall the vehicle be used, operated or driven: For the carnage of persons for hire or reward whether express or implied, unless such approval has been agreed and accepted); by a person who is less than 21 years of age or more than 70 years of age unless such approval has been given and agreed in writing or has given to the lessor any false or fictitious particulars; knowingly for any unlawful purpose; to propel or tow any vehicle or trailer; for racing, pacemaking, reliability trails, speed testing or driving tuition; by any person except the hirer; to carry a greater number of passengers and or more baggage than is recommended by the manufacturer; offer the expiry of the period of hire as stated overleaf; outside the United Kingdom; the Vehicle must not be driven in a manner which would render void any insurance and/or other contract of insurance, or in contravention of any road traffic act or contravention of use regulations, nor must it be driven in the event of mechanical, electrical or structural failure which might cause further damage.
2. The hirer will return the vehicle to the lessor’s address shown overleaf on the date shown overleaf or earlier as demanded by the lessor together with all tires, tools, accessories and equipment in the same condition on as when received ordinary wear and tear excepted).
3. The hirer shall not use the vehicle if any damage or fault shall arise so as to make the vehicle unroadworthy or liable to cause danger 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 £25.00 the hirer shall either return the vehicle to the lessor or authorize the carrying out of such repair by reputable and properly qualified motor repairer. Authorization for expenditure in excess of £25 must be obtained from the lessor prior to commencement of the repair. The hirer shall not without the lessor's consent permit or authorize repairs to the vehicle at a total cost exceeding £25 or suffer any lien to be placed upon the vehicle and shall pay for any and all charges in connection with any such unauthorized repairs. The hire shall inform the lessor as soon as reasonably possible of any fault to the vehicle requiring repair or of the carrying out of any repair to the vehicle as aforesaid. The hirer is also responsible for the daily safety checks of the vehicle, in a particular water, oil level and tires while the hirer is in the custody of the vehicle. Any damage resulting from failure to adhere to the above will be charged back to the hirer.
4. Neither the hirer nor any other driver of the vehicle shall be or deemed to be the agent, servant or employee of the lessor for any reason or any purpose.
5. The vehicle at all the times will remain the property of the lessor and at no time will title to the vehicle pass to the hirer.
6. The lessor shall provide third party insurance and occidental damage, fire and theft cover for the hire vehicle for benefit of the hirer holding a full driving license and driving with his prior consent and named overleaf. The hirer agrees to comply with and be bound by all the terms, conditions, limitations and restrictions of such a policy, as if set forth including any same not specifically mentioned herein. Such a policy, a copy of which may be inspected of the office of the lessor shall subject to requirements of the road traffic acts not apply; to any obligation for which the hirer or any driver of the vehicle or the employer of either or any insurance carrier may be held liable under any workman's compensation or disability benefit, or similar law: to any obligation assumed by the hirer or any driver under any express or of limited contract apart from this Rental agreement; to any liability of the hirer or any driver or any employer of either arising while the vehicle is being used in violation of any of the limitation set forth in paragraph 1 above; or to medical payments required by persons for sustaining injuries while riding or alighting from or getting into or on the vehicle.
7. The hire shall be liable as owner of the vehicle mentioned overleaf in respect of; any of the following offences which may be committed in relation to that vehicle when it is stationary and when a fixed penalty notice is issued; being on road during the hours of darkness without the lights or reflectors required by law; or being left or parked, or being loaded or unloaded and the non-payment of charge made at a street parking place and/or Pay Display; any fixed penalty offence committed in respect of that vehicle under any legislation or orders and any such offence committed under the equivalent legislation applicable to Scotland, Northern Ireland or other parts of the British Isles upon which the vehicle is being used; any excess charge which may be incurred in respect of the vehicle under any legislation and under the equivalent legislation applicable to Scotland, Northern Ireland and or British Isles; any financial penalty or charge which may be demanded by a third party as a result of the vehicle having been parked or left upon land which is riot a public road.
8. The hirer shall immediately report to the lessor any accident which the vehicle is involved and shall deliver to the lessor or its insurer if so directed by the lessor every process pleading or notice or paper of any kind received by the hirer of the vehicle relating to any claim suit or proceeding connected with any hirer with any such accident or event involving the vehicle. Neither the hirer nor any driver of the vehicle shall admit liability, aid or abet the assertion of any such claim suit or proceedings and shall co-operate with the lessor and its insurer in investigating and defending the same.
9. The hirer shall keep the vehicle free from any legal process or encumbrance whatsoever. The hirer shall not allow the vehicle to be seized in any distress sequestration for rent or otherwise or any execution or diligence or by a receiver appointed under any mortgage charge or other encumbrance.
10. The hirer shell hold harmless the lessor from and indemnity against any losses, liabilities, damage, injuries, claims, demands, costs and expenses arising out of or connected with the possession or use of the vehicle during the rental tern, except those covered by the insurance provided here under by the lessor caused by negligence or non-observance of the agreement on the port of the hirer or his/her drivers, agents or employees including but not limited to any and all claims of liabilities to third party arising out of the abandonment, conversion secretion concealment or unauthorized disposal of the vehicle by the hirer or his/her drivers agents or employees or the confiscation of the vehicle by any government authority for illegal or improper use of said vehicle.
11. The lessor shall not be liable for the loss or damage to any property of the hirer or any other person who may have been in or on the vehicle either before or after its return to the lessor whether or not related to the negligence of the lessor or agents, servants or employees. The hirer shall assume all risk of such loss or damage waive all claims therefore against the lessor and defend indemnity and hold the lessor harmless from all claims arising out of such damage.
12. Notwithstanding the period of hire shown overhead; the lessor may demand the return of the vehicle at any time, save that such a demand is not to be made without a reasonable cause; the lessor may repossess the vehicle 24 hours after the demand, if the vehicle has not been returned in that time, sooner if in the lessor’s reasonable judgement, the demand is not likely to be complied with; the lessor shall not be liable for any loss whatsoever or damage which the hirer is subject to as a consequence of such demands and /or repossession; if the vehicle is not returned by the due date shown overleaf and/ or in accordance with paragraph [a] above; of this clause the hirer will pay to the lessor hire charges on demand at the lessors published tariff which can be inspected at the lessors premises for such period as the vehicle shall be wrongfully retained by the hirer his/her servants and/or agents. Plus, any administration charges incurred; upon termination of this Agreement howsoever arising the hirer shall cease to be in possession of the vehicle with the lessor’s consent and shall return the vehicle in good and substantial repair and condition at the hirer's expense.
13. The hirer shall pay to the lessor, hire charges and/or other such charges that become due under this Agreement by one single instalment within eleven months beginning with the date of this agreement the hirer shall pay to the lessor on demand in accordance with the current practice of the lessor from time to time all costs and expenses incurred by the lessor in respect of any administrative work carried out by the lessor in connection with this Agreement Without prejudice to the rights of the lessor, the hirer shall pay to the lessor on demand in accordance with the current practice of the lessor from time to time and full indemnity basis all costs, and expenses incurred by the lessor both before and after any judgement as a result of any breach of this agreement by the hirer and/or in enforcing any of the terms of this agreement
14. The rate charged shall reflect the period of credit referred to in clause 13;
15. The period of credit referred to in 13. herein may be terminated sooner by the lessor upon giving notice. There after all sums due will become payable immediately;
16. Any addition to or alternative of the terms and conditions of this agreement shall be null and void unless agreed upon in writing by lessor and hirer.
17. The hirer agrees to compensate the lessor in full for any loss it suffers as a result of any damage, fire or theft to or of the vehicle including loss of revenue for the hire period which the vehicle shall remain unavailable for hire by reasons of the hirers willful' or negligent actions.
18. Without Prejudice to the rights of the lessor, the hirer shall pay to the lessor interest on all sums payable by the hirer to the lessor under this agreement and not received by the lessor on the due date for such payment at an annual rate of 5% above the bank of England base rate in force at the time, calculated on a daily basis from the due date of payment until payment received in full by the lessor in cleared funds both before judgement and/or after judgement;
19. Maximum hire period of this agreement shall NOT exceed 89 days
20. Assignment, the lessor may assign or transfer the lessor’s rights and/or obligations under this agreement. In the event of such assignment the hirer will/shall still be bound by the terms and conditions.
21. Fines to cover any administration costs a surcharge will be made for penalty tickets left unpaid in addition to the amount of the time.
22. The hirer acknowledges that the vehicle is fit for the purpose and is in good condition and undertakes to return it and its accessories in the same condition, fair wear and tear excepted, to the place and on the date due back specified overleaf. he/she has received the vehicle free from defects or damage except as indicated overleaf and the lessor has no liability in respect of any injury, loss or damage arising from the use of the vehicle nor shall the lessor be liable for any indirect or consequential loss or damage. The lessor will not be liable for any damages arising from defects or mechanical failure which are not attributable to any breach of the manufacturer's warranty or any warranty implied by the law to take reasonable care or exercise reasonable skill.
23. Vehicle not to be taken outside England, Scotland and Wales.