For the purpose of this agreement W1 Group (LDN) Ltd (W1 GROUP) is referred to as the lessor.
“The Hirer” means the person, firm or organisation by or on behalf of whom this agreement is signed.
“Authorised Driver” means the driver(s) additional to the Hirer, approved as specified.
- The Hirer will ensure that any authorised driver will comply with all the conditions of this agreement.
- The Lessor agrees to rent and the Hirer agrees to take the vehicle described overleaf on the conditions as set out in this agreement.
- The hirer under takes to return the vehicle in a clean condition with all tyres, tools, radio and other accessories in the same condition as when received, ordinary wear and tear expected, to the place and on the date set down overleaf.
- The Hirer is responsible for:
(i) All damage caused by misuse or negligence.
(ii) All tyre repairs or replacements.
(iii) Any broken windows and lights.
(iv) Damage to the interior of the vehicle.
(v) Payment of hire charges whilst the vehicle is off the road being repaired in the event of an accident or repairs carried out due to the vehicle being misused.
- Where the hire is consequent upon the hirers own vehicle being unroadworthy as a result of a road traffic accident.
(i). The Lessor will allow the Hirer to defer payment of the Hire charges until such time as the claim for damages has been concluded, irrespective of outcome against the party (hereinafter called the third party). And in any event the sum payable under this agreement shall be paid within 11 months of the date of this agreement and in no more than 3 installments.
(ii) The Lessor shall have the right to pursue an action in the Hirer’s name against the third party.
(iii) The Lessor shall have the right to pursue such through the County Court and/or High Court and the Hirer must co-operate in the conduct of the action and, if required by the Lessor, attend any hearing that the court appoints.
(iv) PROVIDED THAT notwithstanding the deferred payment facility referred to above the Hirer will discharge any indebtedness as soon as reasonably practical, and shall take such action as is necessary to obtain Interlocutory Judgement or an interim payment of damages for the purpose of discharching the said indebtedness.
- If, and only if, the Hirer is in default of condition 5 (iii) then the deferred payment facility allowed by the lessor to the Hirer shall be terminated and the hire charges will be due from the Hirer to the Lessor 28 days from the lessor giving notice there of to the Hirer by reference to this condition (6)
- The rate charged for the hire of the vehicle shall be the daily, weekly or monthly rate charged for that vehicle as published in the Lessor’s rental tariff valid at the commencement of the hire
- Expect where condition (5) applies, the Hirer will pay to the Lesser on demand all charges due under this agreement, plus Value Added Tax at the rate appropriate at the time of the hire.
- For the Hirers who do not arrange their own insurance, the Lessor will arrange third party insurance cover @£10 day. The Renter may arrange Collision Damage Waiver (TPI/CDW) with the owner in order to limit the renters liability to £500.00 (excess). Renters excess can be waived by the purchase of excess protection. It is a requirement of the policy that every accident no matter how minor, involving the vehicle must be reported at once to the Lessor and that the accident report form must be completed within 24 hours. The Hirer or any authorised driver will:
(i) Obtain the names and addresses of the third party and any witnesses and make no admission of liability.
(ii) Deliver to the Lessor all summonses, writs and documents received.
(iii) Not aid or abet any claimant but co-operate fully with the lessor and the insurance company in the investigation and defence of any claim.
- The Hirer will at the request of the Lessor do all required by the Lessor and permit his name to be used by the A. Lessor for enforcing any rights or remedies against the parties in connection with the vehicle.
- The vehicle will not be used:
(i) For the carriage of passengers for hire or reward without giving prior notice to the Lesser.
(ii) For Racing, pace making, reliability trials, speed testing or driving instructions.
(iii) To propel or tow any other vehicle or trailer.
(iv) In violation of the provision of any act, order or regulation affecting the use, loading or condition of the vehicle or for any illegal purpose.
(v) Outside the United Kingdom Mainland without express agreement in writing of the Lessor.
- The vehicle will not be driven by any person:
(i) Other than the Hirer and any drivers authorised to drive by the Hirer.
(ii) Who is over the age of 70
(iii) Who is under the influence of alcohol, or any substance which may impair their ability to drive.
- In accordance with the Road Traffic Act 1988 section 1-5 and schedule 1 the Hirer shall be liable to the owner of the vehicle in respect of:
(a) Any of the following offences which may be committed with respect to that vehicle when it is stationary and when a fixed penalty notice is issued, being on the road during the hours of darkness without lights or reflectors required by law, waiting, or being left parked, or being loaded or unloaded in a road, being used or kept on a public road without the license being exhibited on the vehicle in the and prescribed manner, and the non payment of the charge at a street parking place; and
(b) Any excess charge which may be incurred in pursuance of an order under section 35 and 36 of the Road Traffic Regulation Act 1967 (provision on highways of parking places where charge are made).
- The Hirer shall be liable to the owner of the vehicle in respect of any offences which may be committed with respect to the congestion charges in the Greater London area and shall indemnify the owner of the vehicle in respect of any fines/fixed penalty notices incurred as a result and shall also indemnify the owner of the vehicle in respect of any excess charge which may be incurred in recovering any such fines/fixed penalties.
- The Hirer will immediately inform the Lessor of a fault in the vehicle and will not use the vehicle whilst it is in an unroadworthy condition
- The Lessor accepts no responsibility for delays and/or consequential Losses from breakdown or from any other circumstances.
- The Lessor will not waive any of his rights under this agreement except in writing signed by a duly authorised representative of the lessor, and in addition this Hire Agreement and Conditions of Hire are the sole basis upon which the parties agree to be bound, and supersede all previous written or verbal warranties whether express or implied.
- If for any reason the vehicle described overleaf, or any other vehicle from time to time being the subject matter of this agreement shall become unroadworthy for whatever reason, the Lessors shall have the right at their discretion and not otherwise to replace the vehicle with an alternative vehicle of similar seating capacity and performance but, if no such vehicle is available or if the Lessor shall decline to provide an alternative vehicle, then there shall be credited to the customer such portion of any hire charges paid by him as represents the unexpired portion of the hire period, but he shall have no other claim of any kind whatsoever against the Lessor.
- This agreement may be terminated by either party giving 24 hour notice of termination and the vehicle being returned to the Lessor.
- The maximum period of hire of THE RENTAL AGREEMENT must not exceed 3 calendar months and that this agreement shall automatically determine on the last day of the third calendar month if it has not done so before.
- Where the Agreement is not signed at the Lessors place of business the Hirer has a right to cancel the Agreement if they wish and this right can be exercised by delivering, or sending (including by electronic mail) a cancellation notice to the Lessor mentioned in the Rental Agreement at any time within the period of 14 days from the date of the Agreement. The notice of cancellation is deemed to be served as soon as it is posted or sent to the Lessor or in the case of an electronic communication from the day it is sent to the Lessor. If the Hirer wishes to cancel the Agreement they MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this to the Lessor named on the Rental Agreement.