General
(a) If you are not the Hirer and sign this agreement on behalf of the Hirer, you are declaring that you have the authority of the Hirer to do so and that you are jointly and severally liable with the Hirer ill respect of the terms and conditions of this Agreement including any breach thereof;
(b) Neither the Hirer nor any person acting or purporting to act on the Hirer’s behalf in any capacity nor any authorized driver may act for ELCS Van-Hire in any capacity or for any purpose
(c)ELCS Van-Hire is not liable for loss of or damage to any property stored or transported in or on the vehicle. ELCS Van-Hire is not responsible for any property left In or on the vehicle when returned to ELCS Van-Hire. The Hirer indemnifies ELCS Van-Hire, its representative employees/directors and contractors against any claim relating to such property, whether on behalf of the Hirer’s, or any third party’s, property.
(d) The Hirer may only use the vehicle whilst insured by ELCS, and only in the mainland of England, Wales and Scotland and shall not remove the vehicle from the aforementioned territory unless prior written consent has been obtained from ELCS Van-Hire.
(e) The Hirer shall not use or allow the vehicle to be used for the purpose of propelling or towing any other vehicle under any circumstance.
(f) The vehicle must at all times be driven with care and in such a manner that does not render void the insurance policy or other contract of insurance or in contravention of any Road Traffic Act or any Construction and Use Regulations.
(g) The vehicle must not be driven by any unauthorized and/or driver not licensed to do so and/or not insured to do so under this agreement or by any driver under the influence of alcohol or drugs or otherwise incapacitated or unfit to drive including, but not limited to, persons deemed to have physical or mental defects of infirmity according to the insurer.
(h) The vehicle must not be driven if it is in an unfit state and in particular, if by reason of any mechanical, electrical or structural failure, damage may be caused.
(i) It is a breach of this Agreement for the hirer to fail to return the vehicle to ELCS Van-Hire at the end of the pre-arranged rental period. The damages payable for such breach will be the rental charges that would be payable under ELCS Van-Hires’ current tariff for the period until ELCS Van-Hire recovers the vehicle or receives the full value thereof, and shall in any event be the appropriate days rental if not promptly on the date and time due on fixed return. The vehicle is not insured by ELCS Van-Hire outside of the pre-arranged rental period, and the hirer indemnifies ELCS Van-Hire, its Directors, and Staff against any and all liability resulting from incident whilst the vehicle is in uninsured condition. The hirer assumes responsibility & liability for such claims in full and without exception. It is the Hirers responsibility and duty to make sure that the vehicle is insured at all times it is in their keeping. The hirer may request an extension to the hire period and, where ELCS Van-Hire agrees to such an extension, may use the vehicle until such time as agreed, charged at a variable rate not less than the previously agreed daily rate. (Please refer to the ELCS Van Hire Customer requirements document, available for view at the ELCS Van-hire premises.)
(j) The Hirer shall not repair the vehicle or cause the vehicle to be repaired under any circumstance. ELCS Van-Hire do not grant the Hirer any authority to have repairs made to the vehicle when damaged. Repairs made to the vehicle without the prior written consent of ELCS Van-Hire will render the full original purchase value of the vehicle due as damages owed ELCS Van-Hire and will render the Hirer and the Repairer liable to ELCS Van-Hire for such damages whether made known to ELCS Van-Hire at the time of repair or subsequently;
(k) Hired vehicles may only be used for social domestic and pleasure use and in connection with the hirer’s business. They must not be used for racing, rallying, towing or driving tuition. Passengers must not be carried for hire or reward. Under no circumstances must manufacturer’s recommended seating capacity of the vehicle be exceeded. Hirer’s breaking this rule may be liable to prosecution and unlimited fines under this Agreement.
(l) The Hirer is responsible for all damages above cab height caused by striking overhead objects and any damage to lyres howsoever caused. Any such damage incurred is not covered by damage waiver or ELCS Van-Hire insurance.
(m) By signing the vehicle condition report the Hirer is deemed to accept that the vehicle is in the condition as described on the report.
(n) All references to ‘written consent of ELCS Van-Hire’ shall be understood to refer to any person granted prior authority to provide such written consent by a Director of ELCS Van-Hire. Written consent obtained from an unauthorized person shall not constitute consent nor shall it indemnify nor insulate nor absolve from responsibility or liability under this Agreement, the Hirer, or any authorized driver.
Fixed Penalties & the Effective Owner
Upon entering into an Agreement by signing this document, the hirer shall be considered, under law, the effective owner of the vehicle hired in respect of:
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(a) Any fixed penalty offence committed, in respect of that vehicle, under Part III of the Transport Act 1982 and the Road Traffic Regulation Act 1984, and any subsequent amendments to these in effect at the time of the offence;
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(b) Any excess charge that may be incurred in respect of the vehicle pursuant to an Order under Sections 45 and 46 of the Road Traffic Regulation Act 1984 and the Road Traffic (parking) Act 1986, including subsequent amendments to these in effect at the time of the offence;
Insurance
(a) The Hirer will be insured by ELCS Van-Hire and may not use any other insurance policy. Prior to taking possession of the vehicle shall:
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Completes an insurance proposal form;
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Agree to pay insurance charges on ELCS ‘ current tariff and (except when the Hirer has agreed to pay any collision damage waiver charge, if made availableby ELCS Van-Hire) the cost of any condition damage repair up to the full amount of £1000 insurance excess;
(b) The Agreement is in any event subject to, and is deemed to include, the terms, conditions, and limitations of ELCS Van-Hire’ insurance policy;
(c) The Hirer has a duty of full disclosure when completing the insurance proposal form and shall disclose all previous convictions, whether spent or still in force;
Obligations of the Hirer
The Hirer is obliged:
(a) To pay ELCS Van-Hire at its current rental rate and fuel and to pay for any accessories, Tyres, tools, or equipment lost stolen or damaged;
(b) To pay ELCS a deposit for the van hire which will be held for 14 days due to issues that may arise after vehicle use such as fines, penalty charges, etc.
(c) In addition, the Hirer will pay ELCS Van-Hire the cost of recovering the vehicle if the Hirer fails to return the vehicle to ELCS Van-Hire and also liable:
- to pay any penalties, fines or Court costs incurred in the use of the vehicle before it is returned to ELCS Van-Hire and which ELCS Van-Hire is obliged
to pay (save which is caused by the fault of ELCS Van-Hire) and to pay VAT where appropriate at the current rate; - to ensure the correct tyre pressures, engine oil level battery fluid level, screen wash levels, coolant levels and automatic transmission oil levels are maintained throughout each period of rental or extended period thereof;
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to ensure that the vehicle is always secured locked when unattended and to take all reasonable steps to prevent loss of or damage to the vehicle or its Tyres, tools, accessories, equipment, or contents;
4. inform ELCS Van-Hire immediately if the vehicle suffers any damage or loss, develops any fault, or requires any servicing and to permit ELCS Van-Hire to carry out any central repairs or servicing;
(d) to return the vehicle together with its accessories, Tyres, tools, and equipment to ELCS Van-Hire place of trade as specified on page 1 of this document, at or before the rental period or on the earlier termination of this Agreement in the conditions prevailing at the commencement of the rental (fair tear and wear accepted), clean and tidy (traffic grime excepted);
(e) to pay for the cleaning of the vehicle in the event the Hirer returns the hired vehicle in an unclean state (excepting traffic grime);
(f) to comply with the expanded terms and conditions contained in the document Van Hire Customer Requirements, available for viewing at the trading premises.
Obligations of ELCS Van-Hire
ELCS Van-Hire is obliged:
(a) to take all-reasonable steps to provide the Hirer with a well-maintained vehicle;
(b) when informed of a breakdown by the Hirer, to see that the necessary repairs are carried out promptly, if possible;
(c) if repairs to the hired vehicle cannot be carried out promptly, to provide a substitute vehicle or to allow the Hirer to terminate the hire.