Terms and Conditions for EZ Drive Rentals
Terms and Conditions
EZ DRIVE CAR RENTAL TERMS & CONDITIONS
1. English law applies to this agreement and any disputes in relation to this agreement.
2. The Hirer is the company or driver specified in box 1 overleaf or (if that is left vacant) the person named in box 1. The Hirer shall be bound by the following terms and conditions which incorporate the details shown on the Agreement.
3. The hirer shall not (i) grant any form of security or other encumbrance in respect of the vehicle or (ii) enter into a transaction or series of transactions (whether voluntary or involuntary) to sell, lease, transfer or otherwise dispose of the vehicle.
4. If the Hirer has indicated on the Rental Agreement that he wishes the Lessor (namely the company specified as such on the Agreement) to provide insurance then the following provisions will apply: - a) This agreement is subject to and is deemed to include the terms, conditions and limitations of the Lessor's insurance policy, a copy of which may be inspected at the Lessor's office. b) Any vehicle hired under this agreement may only be driven by the hirer or by any additional authorised drivers who have had a completed insurance proposal form accepted by the Lessor. c) The Hirer agrees to pay the insurance charges on the Lessor's current tariff, plus the waiver charge for reducing or removing the insurance excess as initialled, and the excess as shown overleaf. d) Even though it may be covered by the Lessor's own insurance the Hirer shall be liable to pay the cost of repair of any damage which the vehicle may suffer as the result of the wilful action of the Hirer or any servant or agent of the hire e) The Hirer will compensate the Lessor for any loss (whether direct indirect or consequential) which it may suffer as a result of any act or omission on the part of the Hirer or his servant or agent.
5. If the Hirer has indicated on the Rental Agreement that he wishes to provide his own insurance then the following provisions shall apply:-
a) The Hirer’s responsibility shall be to insure the vehicle until it is returned to the Lessor in its full value against loss or damage (including windscreen damage) by accident, fire or theft under a comprehensive policy of insurance with an insurance office of repute. The Hirer shall, at the Lessor’s request, ensure the Lessor’s name shall be endorsed on the policy.
b) The Hirer shall not use or permit the vehicle to be used in contravention of the terms and conditions of the policy and shall procure that any compensation under the said insurance is paid directly to the lessor.
c) If the Hirer shall effect insurance which is not comprehensive or if for any other reason the amount paid by the Hirer’s insurers to the Hirer or the Lessor shall be less than the loss or damage (whether direct, indirect or consequential) suffered by the Lessor then the Hirer shall pay the Lessor the difference.
6. Where this agreement has been signed by a person on behalf of the Hirer, he warrants that he is authorized to sign for the Hirer, and is jointly and severally liable with the Hirer under this agreement.
7. Neither the Hirer not any servant or agent of the hirer, not any authorized driver is or may hold himself out to be an agent of the Lessor.
8. The rental period under this agreement shall be from the hire start date shown in the Agreement until the hire due to end date
a) The Hirer may for any reason terminate this agreement before the hire due to end date, or
b) The Lessor shall for any reason call for the return of the vehicle before the hire due to end date. In any of which events the hirer shall forthwith return the vehicle, provided that the Hirer shall not be liable for any charges in relation to any period after the vehicle has been returned pursuant to this agreement. The total rental period shall not in any event exceed 90 days.
9. It is a breach of this agreement for the Hirer to fail to return the vehicle to the Lessor at the end of the rental period or following the request of the hirer and the damages payable for such breach (in addition to any other damages payable) will be the charges which would have been payable on the Lessor’s current tariff for the period until the Lessor recovers the vehicle or receives the full value thereof. The terms of this clause 7 shall not be deemed to extend the rental period beyond 90 days.
10. The Lessor is not liable for the loss of or damage to any property stored or transported in or on the vehicle, when it returns to the Lessor’s possession. The Hirer will indemnify the Lessor against any claims relating to any such property.
11. The vehicle will not:-
a) Without the Lessor’s prior written consent be taken outside the territory comprising England, Wales, Scotland, Northern Ireland and any British Isle on which the hiring commenced.
b) Without the Lessor’s prior written consent be used to propel or tow any other vehicle or trailer.
c) Be used for any unlawful purpose or for the carriage of passengers for hire or reward or for driving tuition unless the Hirer shall have obtained the Lessor’s prior written consent and shall in addition have provided his own insurance in accordance with clause 5.
d) Be driven in a manner which would render void the policy or the other contract of insurance, or in contravention of any Road Traffic legislation or any other laws, or by any person who is not licenced to drive the vehicle or who is under the influence of alcohol or drugs, nor must it be driven in the event of mechanical, electrical or structural failure or damage, if further damage might thereby be caused.
e) Be altered or added to in any manner.
12. The Hirer is not authorized to effect any repairs to the vehicle costing more £25.00 without the Lessor’s prior consent. Save to the extent that there may be an excess on the Lessor’s insurance which the Hirer is obliged to pay, the Lessor will refund to the Hirer the cost of necessary repairs not exceeding £25.00 (for more if the Lessor’s consent had been obtained) on production of a VAT receipt and any parts replaced.
13. If the Hirer commits any breach of this agreement, that the Lessor may treat the agreement as terminated and take possession of the vehicle, and the Hirer authorizes the Lessor to enter upon his property for such purpose.
14. 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 lll Of the Road Traffic Offenders Act 1988 or the Road Traffic Act 1991 as amended replaced or extended by any subsequent legislation or orders, and any such offence committed under the equivalent legislation applicable to Scotland, Northern Ireland or any British Isle upon which the vehicle is being used.
b) Any parking charges that may be incurred with respect to parking on private property and issued by a Private Parking Company.
15. The Hirer is obliged:-
a) To pay on the Lessor’s current Tariff for the rental and fuel, to pay for any accessories, tyres, tools or equipment lost, stolen or damaged; to pay the Lessor’s cost of recovering the vehicle in the event that the Hirer fails to return it to the Lessor in accordance with clause 15(f); to pay any penalties, fines and court costs incurred in the use of the vehicle beforeit is returned to the Lessor and which the Lessor is obliged to pay (save when caused by the fault of the Lessor).
b) To safeguard the Lessor’s interests in the event of any accident involving the vehicle, by obtaining the names and addresses of all relevant drivers and witnesses, securing the vehicle and where appropriate notifying the police.
c) To ensure that the correct tyre pressures, engine oil level , battery fluid level screen wash levels; coolant levels and automatic transmission oil level(where fitted) are maintained throughout the period of rental.
d) To ensure that the vehicle is always locked when unattended and to take all reasonable steps to prevent loss of or damage to the vehicle or the tyres tools accessories equipment or contents.
e) To inform the Lessor immediately if the vehicle suffers any damage or loss, develops any fault or requires any servicing, and permit the Lessor to carry out any essential repairs or servicing
f) To return the vehicle (together with all its accessories, tyres, tools and equipment during the Lessor’s business hours toa representative of the Lessor and to the place from which the vehicle was hired unless a different place is specified overleaf at or before the end of the rental period or on the earlier termination of the agreement, in the condition prevailing at the commencement of the rental (fair wear and tear excepted), clean and tidy (traffic grime excepted).
g) Upon termination of the hire, vehicles should be left in a safe and secure position that conforms to parking regulations. Keys should be kept securely but accessible to the staff for collection at the earliest possible opportunity. The vehicle remains the responsibility and is subject to the customers insurance cover
16. The Lessor is obliged
a) To take reasonable steps to provide the Hirer with a well maintained vehicle but shall not be liable for any direct, indirect or consequential loss caused by any breach of this or, any other obligation of the Lessor hereunder.
b) When informed of a breakdown by the Hirer, to see that the necessary repairs are carried out promptly.
c) If repairs to the hired vehicle cannot be carried out promptly, to provide a substitute vehicle.
17. The Hirer acknowledges:-
a) That this Agreement is not assignable by him.
b) That this document (together with any agreed attachment hereto) contains the entire understanding between the parties and that no addition to or alteration of the terms shall be valid unless made in writing and signed by a duly authorised officer of the Lessor.
c) That he is not entering into this Agreement on the basis of any warranty or representation by the Lessor.
d) That failure by the Lessor to enforce any term of this Agreement shall not be construed as a waiver of the Agreement.
e: The hirers details may be passed to a third party in the event of a road traffic accident, criminal activity in the vehicle or other vehicles under this agreement, parking contravention and other road traffic offences.
18. All telephone calls will be recorded for training purposes
19. All returned cheques will incur a £20.00 admin charge
20. No monies will be refunded in the event of a cancellation once a booking has been made and paid for
21. An administration fee of £55 will be applied to all motoring offences received including but not limited to parking charges, toll charges and private company parking fines
22. An administration fee of £75 will be charged for any damage to a vehicle. This is in addition to the cost of the repair up to the excess amount.
23. Customers cars are left on the Lessors property at the customers own risk. The Lessor will have no responsibility whatsoever over any car left on the premises.
24. The Hirers details will be passed to the relevant local authority or Parking Managment Company in relation to any penalty charge notices (PCN) for the local authority to pursue the hirer for the penalty fine and/or penalty points. If the application to transfer the penalty to the hirer is rejected, the lessor will pay the fine on the Hirers behalf and recharge the penalty fine to the Hirer. These charges are in addition to the Lessors administration fee.
25. I Hereby agree to have details placed upon an authorisation form for any additional charges that may result from :-
a) Extension to rental period and late charges after 30 minutes (1 Day Rate + any added extras, e.g GPS)
b) Insurance Excess value as per rental agreement
c) Traffic offences. An Administration charge of £55 pound per parking offence plus Penalty Charge (Where necessary), any penalty charges for speeding/road traffic offences (including bus lane offences & London congestion charges) and any other traffic infringement charges
d) Loss of keys (charged at cost) plus administration costs
e) Mileage Charges if applicable. Fuel / admin charges will apply if returned with less fuel than check out.
f) All damages are liable for £75.00 administration costs Charges are made without prior notification. Bank charges are the hires responsibility.