|The Hirer is the company or person specified on the booking. When you sign the rental agreement, you accept the terms and conditions set out in it.
If the Hirer has indicated that he/she wishes the Lessor (namely Apex Car Rental (Norwich) Ltd) to provide insurance then the following provision will apply:
The agreement is subject to and is deemed to include the terms and conditions and limitations of the Lessor's insurance policy, a copy of which may be inspected at the Lessor's office. In the event that the hire vehicle is stolen with the keys the Lessor's insurance will be invalid and the Hirer will be responsible for the full market value of the vehicle.
Any vehicle hired under this agreement may only be driven by the Hirer or by the person signing the agreement on behalf of the Hirer or by any additional authorized drivers who have had a completed insurance proposal form accepted by the Lessor.
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 initialed and the excess as shown on the rental agreement.
Even though it may be covered by the Lessor's insurance, the Hirer shall be liable to pay the cost of any repair which the vehicle may suffer as the result of the willful action of the Hirer or any agent or servant of the Hirer.
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.
If the Hirer has indicated that he wishes to provide his own insurance then the following provision will apply:
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, supply full details to the Lessor and shall instruct the insurers that the Lessor's name shall be endorsed on the policy.
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.
If the Hirer shall effect insurance which is not comprehensive or if for any other reason the account paid by the Hirers insurance 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.
The Hirer shall be liable to pay a loss of use charge if the Lessor cannot rent out the vehicle because it needs to be repaired, it has been written off (unrepairable) or it has been stolen and the Lessor is waiting to receive full payment of the vehicle's value.
Where the rental agreement has been signed by a person on behalf of the Hirer, he warrants that he is authorised to sign for the Hirer, and is jointly and severally liable With the Hirer under the agreement.
Neither the Hirer, nor any servant or agent of the Hirer, nor any authorised driver is, or may hold himself out to be, the servant or agent of the Lessor for any purpose whatever.
The rental period under an agreement shall be from the Date out shown on the agreement until the Date due back (as recorded on any agreed attachment hereto) unless:
The Hirer shall for any reason terminate this agreement before the Date due back, or
The Lessor shall terminate this agreement before the Date due back by reason of any breach by the Hirer of any term hereof, or
The Lessor shall for any other reason call for the return of the vehicle before the Date due back
In any of which events the Hirer shall forthwith return the vehicle. The Hirer shall not be liable for any charges in relation to any period after the vehicle has been returned pursuant to the agreement.
The total rental period shall not in any event exceed 30 days.
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, and the damages payable for such breach (in addition to any damages payable in respect of any other breach) 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.
If the vehicle is returned outside business hours the Hirer will remain responsible for the vehicle and its condition until it is re-inspected by a member of staff.
The Lessor is not liable for the loss of or damage to any property stored or transported in or on the vehicle, nor does the Lessor accept responsibility for any property left 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.
The vehicle will not:
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.
Without the Lessor's prior written consent be used to propel or tow any other vehicle or trailer
Be used 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 3.
Be used for any unlawful purpose or for racing, pacemaking, competitions or speed testing, or in any unlawful manner.
Be used in any 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.
Be driven in a manner which would render void the policy or other contract of insurance, or in contravention of any Road Traffic legislation or Construction and Use Regulation, or by any person who is not licensed 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.
Be altered or added to in any manner.
Be driven by a famous person without the Lessor's prior written consent in order to maintain insurance cover.
The Hirer is not authorized to affect any repairs to the vehicle costing more than �25 without the Lessor's prior written 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 (or more if the Lessor's consent had been obtained) on a production of a VAT receipt and any parts replaced.
The Hirer is responsible for the cost of repairing any extra damage which was not present at the start of the rental whether the Hirer was at fault or not.
The Hirer is responsible for all charges and the Hirer agrees that the Lessor is authorised to debit the Hirer's account/credit card/debit card for all sums due in relation to these charges, including fines under 12 and the Lessor's administration costs if appropriate.
If the Hirer commits any breach of the agreement the Lessor may treat the agreement as terminated and take possession of the vehicle, and the Hirer authorises the Lessor to enter upon his property for such purpose.
The Hirer shall be liable as owner of the vehicle in respect of:
Any fixed penalty offence committed in respect of that vehicle under Part Ill of the Road Traffic Offenders Act 1988 or the Road Traffic Act 1991, as amended, replaced or extended by any subsequent legislation of orders and any such offence committed under the equivalent legislation applicable to Scotland, Northern Ireland or any British Isle upon which the vehicle being used.
Any excess charge which may be incurred in respect of the 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 any British Isle.
Any financial penalty or charge which may be demanded by any person, corporation or authority as a result of the vehicle having been parked or left upon land which is not a public road.
The Hirer is obliged:-
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 Lessors cost of recovering the vehicle in the event that the Hirer fails to return it to the Lessor in accordance with clause 13, to pay any penalties, fines and court costs incurred in the use of the vehicle before it is returned to the Lessor and which the Lessor is obliged to pay (save when caused by the fault of the Lessor); and to pay VAT where appropriate at the current rate.
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.
To ensure the correct tyre pressures, engine oil level, battery fluid level, screen wash level, coolant levels and automatic transmission oil level (where fitted) are maintained throughout the period of rental.
To ensure that the vehicle is always locked when unattended, and to take all reasonable steps to prevent loss or damage to the vehicle, or its tyres, tools, accessories, equipment or contents.
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.
To return the vehicle (together with all its accessories, tyres, tools and equipment) during the Lessor's business hours to a representative of the Lessor and to the place from which the vehicle was hired unless a different place is specified on the agreement, at or before the end of the rental period or on the earlier termination of this agreement, in the condition prevailing at the commencement of the rental (fair wear and tear excepted), clean and tidy (traffic grime excepted).
The Lessor is obliged:-
To take all responsible 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, other than liability for personal injury or death arising from the Lessor's negligence.
When informed of a breakdown by the Hirer, to see that the necessary repairs are carried out promptly, if possible.
If repairs to the hired vehicle cannot be carried out promptly, to provide a substitute vehicle or allow the Hirer to terminate the hire.
The Hirer acknowledges:-
That the agreement is not assignable by him.
That the 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 office of the Lessor.
That he is not entering into this agreement on the basis of any warranty or representation by the Lessor.
That the failure by the Lessor to enforce any terms of the agreement shall not be construed as a waiver of its rights hereunder.