Terms - Fife self drive - Van Hire Fife
Fife Self Drive - t/a BSD & LS
Ltd.
Terms &
Conditions
Any dispute
concerning the interpretation of the terms exceptions or conditions of this agreement
shall be resolved in accordance with the jurisdiction of the territory in which
this agreement was issued.
1. In these
terms and conditions: “We” are the company named as the Lessor overleaf, and
“You” are either: the company named in box headed “Hirer’s Name/ Contact”
overleaf. “Vehicle” means the vehicle detailed overleaf.
2. If you have
indicated in boxes headed “Insurance Declaration” and/or “Hirers Insurance”
that you want us to provide insurance cover for the Vehicle and/or Additional
Insurance then the following terms will apply:
(a) This agreement is subject to, and includes, all the terms of our current insurance policy, a copy of which can be inspected at our office.
(b) The Vehicle may only be driven by the following people: you personally (if your name is given in box headed “Hirers Name/ Contact” overleaf), or the person who signed the agreement on your behalf if you are a company whose name is given in box headed “Hirers Name/ Contact” overleaf, or any additional driver authorised by us IF that person has completed an insurance proposal form and we have accepted it.
(c) Our insurance will not give you complete cover. The amount for which you are not covered is called the Excess. You may be able to reduce that by paying an additional charge, the amount of which is shown in our tariff which can be inspected at our office. Box headed “Insurance Declaration” overleaf shows whether you have accepted or refused the option (if available) to pay the additional charge, and the Excess for which you are not covered. For damage above windscreen height and for vehicle write-off the current fixed excess is £1000.00 which cannot be reduced.
(d) If you or anyone on your behalf deliberately causes damage to or loss of the Vehicle then you will have to pay for the cost of repair or replacement of the Vehicle, even though it was insured at the time you will be responsible for the full cost of the damage.
(a) This agreement is subject to, and includes, all the terms of our current insurance policy, a copy of which can be inspected at our office.
(b) The Vehicle may only be driven by the following people: you personally (if your name is given in box headed “Hirers Name/ Contact” overleaf), or the person who signed the agreement on your behalf if you are a company whose name is given in box headed “Hirers Name/ Contact” overleaf, or any additional driver authorised by us IF that person has completed an insurance proposal form and we have accepted it.
(c) Our insurance will not give you complete cover. The amount for which you are not covered is called the Excess. You may be able to reduce that by paying an additional charge, the amount of which is shown in our tariff which can be inspected at our office. Box headed “Insurance Declaration” overleaf shows whether you have accepted or refused the option (if available) to pay the additional charge, and the Excess for which you are not covered. For damage above windscreen height and for vehicle write-off the current fixed excess is £1000.00 which cannot be reduced.
(d) If you or anyone on your behalf deliberately causes damage to or loss of the Vehicle then you will have to pay for the cost of repair or replacement of the Vehicle, even though it was insured at the time you will be responsible for the full cost of the damage.
3. If you have
indicated in box headed “Hirers Insurance” overleaf that you want to provide
your own insurance for the vehicle then the following terms will apply:-
(a) It is your responsibility to insure the Vehicle and update MID (Motor Insurers Database) from the moment you take it until the time it is returned to us. You must insure it to its full value, against loss or damage (including windscreen damage) by accident, fire or theft, under a comprehensive insurance policy with a reputable insurance company. You must supply us with full details whenever we ask for them, and you must tell the insurance company to note our interest on the policy.
(b) You herby authorise your insurer to communicate directly with us and give us any information we require. You also authorise us to take over any claim which you may have which relates to the Vehicle, and to negotiate and settle that directly with your insurer.
(c) You must not use or permit the Vehicle to be used in breach of the insurance policy. If any money is paid out under the policy which relates to the Vehicle then you must ensure that the money is paid direct to us.
(d) If you do not insure the Vehicle comprehensively, and we suffer loss as a result, you must compensate us for that loss.
(e) If for any reason the amount which we receive from the insurance company is less than the loss that we suffer you must pay us the difference.
(a) It is your responsibility to insure the Vehicle and update MID (Motor Insurers Database) from the moment you take it until the time it is returned to us. You must insure it to its full value, against loss or damage (including windscreen damage) by accident, fire or theft, under a comprehensive insurance policy with a reputable insurance company. You must supply us with full details whenever we ask for them, and you must tell the insurance company to note our interest on the policy.
(b) You herby authorise your insurer to communicate directly with us and give us any information we require. You also authorise us to take over any claim which you may have which relates to the Vehicle, and to negotiate and settle that directly with your insurer.
(c) You must not use or permit the Vehicle to be used in breach of the insurance policy. If any money is paid out under the policy which relates to the Vehicle then you must ensure that the money is paid direct to us.
(d) If you do not insure the Vehicle comprehensively, and we suffer loss as a result, you must compensate us for that loss.
(e) If for any reason the amount which we receive from the insurance company is less than the loss that we suffer you must pay us the difference.
4. Any person signing
this agreement on behalf of a company must be authorised to do so, and if not
so authorised will be personally liable to pay all sums due under this
agreement to the extent that the company fails to pay them.
5. The maximum period
for which you are allowed to keep the Vehicle under this agreement is from the
“Charge From” box overleaf to the “Due Back” box overleaf.
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 provide you with a comparable vehicle, earlier than the due back date, and collect from you the current vehicle, even if you have not broken any of the terms and conditions of this agreement, and the comparable vehicle shall then be, for the purposes of this agreement, the “vehicle”.
(c) In any event the maximum period for which you can hire the Vehicle is 90 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 provide you with a comparable vehicle, earlier than the due back date, and collect from you the current vehicle, even if you have not broken any of the terms and conditions of this agreement, and the comparable vehicle shall then be, for the purposes of this agreement, the “vehicle”.
(c) In any event the maximum period for which you can hire the Vehicle is 90 days.
6. If you keep
the Vehicle beyond the due back date and time (or after we have required its
return as above) then, in addition to any claim for compensation which we may
bring, you will have to pay charges in accordance with our current tariff which
can be inspected at our office.
7. We are not
liable to you for 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. 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.
8. The Vehicle
must not:
(a) Be taken outside UK mainland on which hiring commenced, without 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.
(a) Be taken outside UK mainland on which hiring commenced, without 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 to
carry passengers for hire or reward or from any driving tuition, unless you
obtain prior written permission and you must provide your own insurance under
clause 3 of this agreement.
(e) Be used for any unlawful purpose, or for racing, pacemaking, 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) of is carrying more passengers or goods than 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 any relevant legislation, regulation or bye law from time to time in force.
(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.
(e) Be used for any unlawful purpose, or for racing, pacemaking, 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) of is carrying more passengers or goods than 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 any relevant legislation, regulation or bye law from time to time in force.
(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.
9. You are not
allowed to carry out any repairs to the Vehicle (or let anyone else do so),
unless you obtain our permission first. If we do authorise repairs then we will
refund the cost to you if you produce a VAT receipt and whatever parts have
been replaced.
10. 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 herby authorise us to enter on
your property to do so if necessary.
11. You are
liable for certain charges as if you were the owner of the Vehicle. Those
charges are:
(a) Any fixed penalty offence committed in respect of that Vehicle under Part III 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 British Isle upon which the Vehicle is being used.
(b) Any excess charge which may be incurred in respect of that Vehicle in pursuance of an Order under section 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.
(c) 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.
(d) Any charges, costs and expenses as a result of you using the vehicle, arising from or incidental to any person, firm, company or regulatory body, impounding or talking possession of the vehicle, save to the extent that any insurance policy covers such costs and expenses.
(e) I agree to comply with the Smoking Health and Social Care (Scotland) Act 2005 (Prohibition of Smoking in Certain Places)
(a) Any fixed penalty offence committed in respect of that Vehicle under Part III 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 British Isle upon which the Vehicle is being used.
(b) Any excess charge which may be incurred in respect of that Vehicle in pursuance of an Order under section 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.
(c) 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.
(d) Any charges, costs and expenses as a result of you using the vehicle, arising from or incidental to any person, firm, company or regulatory body, impounding or talking possession of the vehicle, save to the extent that any insurance policy covers such costs and expenses.
(e) I agree to comply with the Smoking Health and Social Care (Scotland) Act 2005 (Prohibition of Smoking in Certain Places)
12. You
must:
(a) Pay the hiring charges publishing in our current tariff (which can be inspected at our office) unless different charges have been agreed between us in writing.
(b) Pay for all fuel and any refuelling change.
(c) Pay for any accessories, tyres, tools, or equipment which are lost, stolen or damaged.
(d) Pay our costs of recovering the vehicle in the event that you fail to return it to us as required by (j) below.
(e) Pay any penalties, fines and court costs incurred in the use of the Vehicle before it is returned to us.
(f) Pay any costs incurred by us for recovery of any outstanding balances on this agreement until all balances have been paid in full. Interest calculated and applied on all outstanding balances @ 3% over Bank of England base rate minimum being 2%.
(g) 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.
(h) Ensure that the correct tyre pressures, engine oil level, battery fluid, screen wash level, coolant level and automatic transmission oil level (where fitted) are maintained throughout the period of hire.
(i) Ensure that the Vehicle is always locked when unattended, and take all reasonable steps to prevent loss of or damage to the vehicle, or its tyres, tools, accessories, equipment or contents,
(j) Inform us immediately if the Vehicle is damaged, lost or stolen, or develops any fault or requires any servicing, and allows us to carry out any essential repairs or servicing.
(k) Return the Vehicle (together with all its accessories, tyre, tools and equipment) to our representative at the place where it was hired (unless a different place is specified overleaf) during our business hours, at or before the “Due Back” box or earlier if we are entitled to it. 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).
(a) Pay the hiring charges publishing in our current tariff (which can be inspected at our office) unless different charges have been agreed between us in writing.
(b) Pay for all fuel and any refuelling change.
(c) Pay for any accessories, tyres, tools, or equipment which are lost, stolen or damaged.
(d) Pay our costs of recovering the vehicle in the event that you fail to return it to us as required by (j) below.
(e) Pay any penalties, fines and court costs incurred in the use of the Vehicle before it is returned to us.
(f) Pay any costs incurred by us for recovery of any outstanding balances on this agreement until all balances have been paid in full. Interest calculated and applied on all outstanding balances @ 3% over Bank of England base rate minimum being 2%.
(g) 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.
(h) Ensure that the correct tyre pressures, engine oil level, battery fluid, screen wash level, coolant level and automatic transmission oil level (where fitted) are maintained throughout the period of hire.
(i) Ensure that the Vehicle is always locked when unattended, and take all reasonable steps to prevent loss of or damage to the vehicle, or its tyres, tools, accessories, equipment or contents,
(j) Inform us immediately if the Vehicle is damaged, lost or stolen, or develops any fault or requires any servicing, and allows us to carry out any essential repairs or servicing.
(k) Return the Vehicle (together with all its accessories, tyre, tools and equipment) to our representative at the place where it was hired (unless a different place is specified overleaf) during our business hours, at or before the “Due Back” box or earlier if we are entitled to it. 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).
BSD & LS Ltd
trading as Fife Self Drive may, when required, offer additional terms and
conditions over and above the ones mentioned in this document, however this
will be detailed and applicable only if written on our company letterhead.
(Duly signed and dated):
