1. In these terms and
conditions: 'Rent Swift PCO Vehicles Ltd' are the company named as 'Lessor'.
The 'hirer' is the person, firm or organisation by or on whose behalf this
agreement is signed,'vehicle' means the vehicle detailed overleaf.
2. The Lessor will
arrange comprehensive insurance cover where required subject to an excess
stated as overleaf.
The vehicle may only be driven by the
following people:
a) You personally (if your name is given as
the hirer overleaf), or
b) The person who signed the agreement on
your behalf if you are a company as stated overleaf or
c) An agreed additional driver.
3. The period of hire is limited to a
maximum of 180 days from and including the date on which the
hire began. The vehicle must be returned to
the Lessor within that period of 180 days, however:
a) We are entitled to terminate this
agreement if you break any of its terms, and you must then
return the vehicle immediately.
b) We are entitled to call for the return
of the vehicle earlier than the date due back.
4. The charges are set out in the tariff on the face of page 1 of the
agreement which you the hirer incur
in hiring the vehicle
for the rental period.
5. We are not liable
to you for any loss of or damage to any property which is carried in the
vehicle, and
we do not accept
responsibility for any property which you leave in the vehicle when you return
it,
unless we have been
negligent. If any third party brings a claim against us for property which is
carried or left in the
vehicle, you must indemnify us for that claim.
6. If the hirer is in default with hire
charges then the agreement under this condition by the lessor to the
hirer will be terminated and the hire
charges will be due in full from the hirer to the lessor immediately
from the lessor giving notice thereof.
7. The vehicle must
not:
a) Be taken outside
England, Wales, Scotland, Northern Ireland and any British Isle on which the
hiring commenced,
without our prior written permission.
b) Be used otherwise
than on a public highway or a suitably paved area which is designed to carry
motor vehicles.
c) Be used to propel
or tow any other vehicle or trailer, unless it is equipped for the purpose and
we
have given our
permission.
d) Be used for any
driving tuition unless with our prior consent.
e) Be used for any
unlawful purpose, or for racing, pace making, competitions or speed testing,
nor
must it be used in any
unlawful manner.
f) Be used in such a
manner that it is overloaded (whether in total or in respect of any axle or
other
part) or is carrying
more passengers or goods than it was designed to carry or may lawfully carry.
g) Be used in such a
way as to make the insurance on the vehicle invalid.
h) Be used in breach
of the road traffic legislation or the construction and use regulations.
i) Be used by any
person who is not licensed and insured to use it.
j) Be used by any
person who is under the influence of alcohol or drugs.
k) Be used in the
event of any mechanical, electrical or structural failure or damage, if further
damage might be caused
as a result.
l) Be altered or added
to in any way whatsoever.
m) Be left unoccupied
whilst the ignition key or other removable ignition device has been left in or
on the vehicle.
8. If you break any of
the terms of this agreement we are entitled to treat the agreement as
terminated
and to repossess the
vehicle. You hereby authorise us to enter on your property to do so if
necessary.
9. The hirer warrants
that the information provided for insuring the vehicle is true and that he is
in good
health and does not
suffer from any illness or bodily impairment which will prevent him from
driving in
accordance with the
laws of the United Kingdom and furthermore would not invalidate the policy of
insurance affecting
the vehicle.
10. This agreement may
be terminated by either party giving 24 hours written notice of termination and
the vehicle being
returned to the lessor. If the lessor reasonably believes on the basis of all
available
evidence that there
has been fraud, misrepresentation or other criminal conduct on the part of the
Hirer it will be
entitled to dispense with the requirement for notice of termination and
repossess the
vehicle in accordance
with clause 9 of these terms.
11. You are liable for
certain charges as if you were the owner of the vehicle: These charges are:
a) Any fixed penalty
charges committed in respect of that vehicle under Part 3 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 lsle upon which the vehicle is being
used.
b) Any Congestion
Charge Penalty Notice incurred in respect of that vehicle whilst in your
possession.
c) Any excess charge
which may be incurred in respect of that vehicle in pursuance of an order under
sections 45 and 46 of
the Road Traffic Regulation Act 1984, or the Road Traffic Act 1991, as
amended, replaced or
extended by any subsequent legislation or orders and under the equivalent
legislation applicable
to Scotland, Northern Ireland or other British Isle.
d) 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 not a public road.
e) Administration fees
resulting out of any of the charges covered in conditions 12 a b c and d.
12. The Lessor reserves the right to track the movements of the hire
vehicle. This will be done via a
tracking device
installed in the hire vehicle. The tracking device will collect and transmit
certain
information to the
Lessor or its service providers including the vehicle location (the
"Tracking
Information").
The Lessor collects the Tracking Information for the following purposes:
In these terms and
conditions: 'Rent Swift PCO Vehicles Ltd' are the company named as
'Lessor'. The 'hirer'
is the person, firm or organisation by or on whose behalf this agreement is
signed, 'vehicle'
means the vehicle detailed on agreement. a. to monitor the presence of the hire vehicle and
for asset protection purposes; b. to analyse driving behaviour c. to monitor staff; and; d. to exercise its rights under the Hire
Agreement, including repossession of the hire vehicle,
pursuant to clause 10,
where the vehicle is taken, without the prior written consent of the Lessor,
outside of England,
Wales, Scotland, Northern Ireland or any British Isle on which the hiring
commenced.]
The Lessor will not
disclose the Tracking Information to any other party save to our service
providers, legal and
professional advisers, the police and / or any relevant court in order to
protect
the Lessor's property
and enforce the Lessor's legal rights and obligations. The Lessor will retain
the
Tracking Information
for a period of 3 years. Where the Tracking Information is retained for legal
or
regulatory purposes or
where such retention is reasonably required in order for the Lessor to
exercise its legal
rights, protect its property or perform its legal obligations, the Lessor will
retain the
Tracking Information
for such period as required in order to meet such legal or regulatory
requirements or to
exercise such legal right or perform such legal obligations.
13. You must:
a) Return the hire with the same level of
fuel that is shown on the check sheet. Any shortfall will be
recharged at £3.00 per Litre.
b) Pay for any accessories, tyres, tools,
or equipment which are lost, stolen or damaged. Damage
to the windscreen will be recharged at
£100.00.
c) Pay our costs of recovering the vehicle
in the event that you fail to return it to us as required by
(i) below.
d) Pay any penalties, fines and court costs
incurred in the use of the vehicle before it is returned to
us.
e) Safeguard our interests in the event of
any accident involving the vehicle, by obtaining the names
and addresses of all relevant drivers, and
witnesses, details including registration numbers of any
other vehicles involved, securing the
vehicle and, where appropriate, notifying the police.
f) Ensure that the correct tyre pressures,
engine oil level, screen wash level, coolant level and
automatic transmission oil level (where
fitted) are maintained throughout the period of hire.
g) Ensure that the vehicle is always locked
when unattended, and take all reasonable steps to
prevent loss or damage to the vehicle, or
its tyres, tools, accessories, equipment or contents.
h) Inform us immediately if the vehicle is
damaged, lost or stolen, or develops any fault or requires
any servicing, and allow us to carry out
any essential repairs or servicing.
i) Return the vehicle (together with all
its accessories, tyres, tools and equipment) to our
representative at the place where it was
hired. The vehicle must when you return it, be in the same
condition as when you hired it (fair wear
and tear excepted), and must be clean and tidy (normal traffic
grime excepted). Faliure to do so will
result in charges being incurred.
j) Pay a failed collection charge of £50
for collections aborted due to a change in circumstance that
Rent Swift PCO Vehicles Ltd have not been
made aware of.
k) Pay late payment fees for late payment
of any of the aforementioned charges.
l) Bring the vehicle back to the place we
agreed, during the opening hours displayed at that place.
A member of staff must see the vehicle to
check that it is in good condition. If we have agreed that
you may return the vehicle outside business
hours, you will remain responsible for the vehicle and its
condition until it is re-inspected by a
member of staff.
14. We are not liable
to you for:
Any consequential
losses (including loss of profits).
Economic and/or
similar losses.
Special damages and/or
indirect losses.
Business interuption,
loss of business, contacts and/or opportunity.
We shall have no
liability for any matters which are outside of our reasonable control.
If we are liable to
you, our total liability in relation to any one claim shall not exceed £1000.
15. The Terms and
Conditions and the Notice of the Right to Cancel form part of this Rental
Agreement
of 3 (three) numbered
pages.
16. In accordance with
the rules contained in the Motor Insurance Bureau Uninsured Agreement July
2015 and Motor
Insurers Bureau Agreement 2017, I acknowledge that if the third party is
uninsured or
cannot be traced and
my vehicle has been declared a total loss by an engineer or has been or is in
the process of being
repaired then, the Motor Insurance Bureau agreements (as applicable) do not
provide for payments
of such repairs. Therefore, unless I make a payment for vehicle and property
damage myself, I give
formal authority for 'Rent Swift PCO Vehicles Ltd' to make a claim against my
fully comprehensive
policy.
17. You are liable for
Recovery, Storage and Repair costs.
After an Accident We
will arrange for Your Vehicle to be recovered and (where appropriate) securely
stored. You will pay
Recovery & Storage Charges. Where We are satisfied that the damage to Your
Vehicle was caused by
the Accident and that repairing it is economically viable, We will authorise a
Bodyshop at Your
request and on Your behalf to repair the Vehicle for an agreed sum. The Repair
C9osts are Your
responsibility. Max Recovery Fee chargeable per vehicle movement in addition to
any
Inherited Recovery
Charges £300 including VAT. Max Storage Fee Per Day £30.00 including VAT.
18. Charges payable
(inc VAT) per recurrence.
• Engaging of
unauthorised towing services: £250.00 plus actual losses suffered by Swift Car
Services Ltd per
instance
• Late payment: £20.00
per day plus actual losses suffered by Rent Swift PCO Vehicles Ltd
• Car returned with
missing items including carjack and floor mats £100.00 plus actual replacement
cost per item
• Vehicle returned in
dirty condition requiring special cleaning (excluding Smoke Damage which
will be deemed as
damage to the Vehicle): £250.00
• Incorrect or
inappropriate fuel used: £250.00 plus cost of re-filling the tank plus actual
losses
suffered by Rent Swift
PCO Vehicles Ltd including damage to the Vehicle.
• Replacement of keys
required £100.00 plus cost of replacement keys Per instance
• Hirer operates
Vehicle outside of mainland UK £250.00 plus any agent or legal costs incurred.
• Repossession of
Vehicle £500.00 plus any agent or legal costs incurred.
• Towing, impounding,
law enforcement or council enforcement costs: £250.00 plus actual fee or
charge incurred per
instance.
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