When you sign the form over the page you accept the conditions below. ‘We’ are the company referred to as the lessor in the rental agreement and ‘You’ are either the company or person referred to as hirer and/or the driver in the rental agreement. Please read this agreement carefully. If there is anything you do not understand or disagree with, please ask any member of staff at the place from where you rent the vehicle about this.
1. Rental period.
You hire the vehicle for the rental period shown in the agreement. We may agree to extend this rental period but the rental period may never be more than 30 days. If you do not bring the vehicle back on time to the agreed return location, you are breaking the terms of this agreement. We can charge you for every day or part-day you have the vehicle after you should have returned it to us. Until we get the vehicle back we will charge you the daily rate published at the place where you rented the vehicle. We are entitled to terminate this agreement if you break any of its terms and you must then return the vehicle immediately or we will repossess the vehicle. You authorise us to enter your property to do so. We are entitled to call for return of the vehicle even if you have not broken any terms but we shall then provide a comparable vehicle.
2. Your responsibilities.
a. You must look after the vehicle and its keys. You must always lock the vehicle when you are not using it, and use any security device supplied with the vehicle. You are uninsured in respect of and must personally indemnify the Company for all costs and losses, including, but not limited to, recovery costs, losses or repair costs, caused by the following matters, for which you are hereby responsible:
b. failure to return keys to the rental branch on time or at all;
c. bad weather, as you must always protect the vehicle against weather severe enough to cause vehicle damage;
d. failure to use the correct fuel;
e. failure to maintain correct vehicle fluid levels and tyre pressures;
f. hitting low-level objects, including low tree branches or height-restriction devices;
g. failure to return the vehicle in the condition in which it was at its pre-rental inspection and damage to the exterior and interior of it while in your possession; provided that if the damage is covered by insurance, you shall be required to pay the cost to the Company of repair up to the amount of the excess only.
h. loss or damage to equipment supplied (whether hired to you or supplied free of charge) at the time of rental, including, but not limited to, satellite navigation equipment, baby seats and other goods separate from the vehicle itself.
(i) You must not sell, rent, lend or dispose of the whole vehicle or any of its parts.
(ii) You must not give anyone any legal rights over the vehicle.
(iii)You must not let anyone work on the vehicle without our permission. If we give permission, we will only refund its cost if you supplied a receipt proving the cost of the work.
(iv) You must tell us of any fault in the vehicle as soon as you notice it.
(v) You must return the vehicle to the place specified in the rental agreement, during the opening hours displayed at that place. You must ensure our staff inspect the vehicle to check its condition on return, and you remain responsible for the vehicle until it has been so checked. If you return the vehicle outside business hours with our agreement, you will remain responsible for it and its condition until it is first inspected by our staff on the first working day following its return.
(vi) You must return the vehicle empty of all goods and things which you and others put into it.
(vii) You must not allow any unauthorised person to drive the vehicle. Authorised persons are those named on this agreement or authorised by the company in writing, or corporate hirers who have satisfied us that they have suitable insurance covering accidents by their staff whom they authorise to drive the vehicle.
(viii) You are responsible for all costs incurred through your negligence, in the event that the Insurer voids your insurance cover or refuses to indemnify you for any reason: for example, damage to clutch.
(ix) You must pay the appropriate authority any fines and costs if and when the authority demands this payment.
3. Our responsibilities.
We warrant that we have maintained the vehicle to at least the manufacturer’s recommended standard, and that it is roadworthy and suitable for renting at the start of the rental period. If you are not renting the vehicle for business use, we are responsible to ensure that the vehicle is fit to drive; and we have the right to rent it out. We are responsible if someone is injured or dies as a result of our negligent act or failure to act. We are also responsible for losses caused by us breaking this agreement, but only such losses as are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time the vehicle is rented. We are not responsible for indirect losses which happen indirectly as a result of the main loss or damage and which are not foreseeable by you and us (such as loss of opportunity).
4. Property.
We are only responsible for loss or damage to property left in the vehicle if the loss or damage results from our negligence or a breach of contract.
5. Conditions for using the vehicle.
The vehicle must only be driven by you and any other driver named in the agreement, or by anyone else we authorise in writing. Anyone driving the vehicle must have a full valid driving licence. You or any other authorised driver must not: use the vehicle for hire or reward; use the vehicle for any illegal purpose; use the vehicle for racing, pace-making, testing the vehicle reliability and speed or taking a driving test; use the vehicle while you have alcohol or illegal drugs in your body; use the vehicle outside England, Scotland and Wales, unless we have given you written permission; Use the vehicle while loaded beyond the manufacturer’s maximum weight recommendations; use the vehicle with the load not secured safely; if the vehicle is a commercial vehicle, use it for a purpose for which you need an operator licence if you do not have one; use the vehicle or allow it to be used off-road or on roads unsuitable for it; drive in restricted areas including, but not limited to, airport or dockyard service roads and associated areas
6. Towing.
You or any other authorised driver must not use the vehicle for towing unless we have given you written permission.
7. Charges.
(i) We work out our charges using our current price list, as set out in this agreement. We will only charge you for our loss of income to the extent that we cannot recover such losses under the Insurance Programme. We will charge you at the daily rate published by us for loss of income, and we will strive to get the vehicle repaired or recover any applicable insurance payment as soon as possible.
(ii) You will pay and indemnify us in respect of the following:
a. The rental and any other charges due under this agreement (unused rental days and early returns being non-refundable);
b. Any charge for loss or damage resulting from you breaking condition 2.
c. For fuel consumed and a refuelling charge if you have used, and not replaced, the quantity of fuel that we supplied at the start of the original rental. The charge will be calculated at the rate specified in the rental agreement or specified at the place from which you rented the vehicle;
d. The amount of any fines, vehicle clamping costs and court costs for parking violations, failure to pay congestion charges, and other traffic violations;
e. The management fee as shown on the agreement for dealing with notices received from any authority in respect of the matters in clause 7;
f. The reasonable cost of repairing any extra damage which was not noted on our vehicle check form at the start of the agreement, whether you were at fault or not (subject to clause 3);
g. the reasonable cost of replacing the vehicle if stolen or damaged beyond economic repair, less any amount we recover from any Insurer under any insurance you have (as set out in clause 8). Different vehicle groups attract a different excess. Full details are available on www.greenmotion.co.uk and your excess is stated on your rental agreement. An excess often excludes specific items, often including damage to
(i) wheels,
(ii) tyres,
(iii) glass, which includes headlights, side lights, rear lights and mirror glass;
(iv) the roof and
(v) the underneath.
h. Any charges arising from HM Revenue and Customs or HM Vehicle Inspectorate seizing the vehicle while in your possession, together with a loss-of-income charge while we cannot rent out the vehicle.
i. Any rates communicated to you for delivering and collecting the vehicle.
j. Interest which we will add every day to any amount you do not pay us on time, at the rate of 4% a year above the base lending rate of Barclays Bank from time to time, which may change.
k. Value added tax and all other taxes on any of the charges listed above, as appropriate.
l. any fines or costs arising from offences under Part 111 of the Road Traffic Offenders Act1988, the Road Traffic Act 1991, and Road Traffic Regulation Act 1984 in each case as amended, replaced or extended by any subsequent legislation or for any charges demanded by a 3rd party as a result of the vehicle being parked or left upon land which is not a public road.
m. If for any reason, whether your fault or not, you do not return the vehicle to the pre-arranged end of hire location and we collect the vehicle then you will pay
(i) all costs for the collection of the vehicle, and
(ii) compensation for our loss of use until collection.
8. Our insurance and damage protection programme If we arrange insurance, we will give you information about the insurance cover and any restrictions which may apply. Otherwise, the conditions of our insurance programme will apply. By signing the agreement over the page you are accepting the conditions of our insurance programme.
a. The Law requires us to have third party insurance cover for claims arising if you injure or kill anybody, or damage property (cover for damage to property is limited to £5,000,000).
b. We will provide cover for loss or damage to the vehicle only if you have signed the box marked Hirer’s Signature and have paid the waiver charge detailed in the agreement. If you accept this, you still have to pay an amount up to the excess detailed in the agreement if you damage the vehicle.
c. We will provide cover for theft, and damage to the vehicle caused during an attempted theft, only if you have signed the box marked Hirer’s Signature over the page. If you accept this, you still have to pay an amount up to the excess if the vehicle is stolen. The excess amount you have to pay in each case is written in the agreement.
d. If any person who before the date of the agreement has been convicted of an offence relating to driving while having drink or drugs in their body, is driving or in charge of the insured vehicle and is proven to the satisfaction of the insurers to be driving under the influence of drink or drugs (prescribed or otherwise) at the time of any accident, the insurance cover will be limited to that required by the Road Traffic Acts.
9. Your own insurance.
If we have agreed as indicated under insurance details overleaf, you may arrange your own insurance for the duration of the rental. This is subject to you satisfying us that your insurance is valid, you signing to confirm the details and to agreement on the level of cover you must arrange, the type of policy and the insurer’s identity. We must be satisfied with the cover and policy conditions, and you must not change them. We may ask your insurers to record our name as owners of the vehicle. If the vehicle is damaged or stolen you will let us negotiate with the insurers about repair of the vehicle and the amount of any payment due to us. If for any reason the amount which we receive from the insurance company is less than the amount of any loss we have suffered, you must pay us the difference. You must pay us the full amount of our loss and all costs if the vehicle is damaged, lost or stolen, or a claim has been made by any other party, if any insurance policy you have arranged fails for any reason whatever.
10. What to do if you have an accident.
If you have an accident you must not admit responsibility. You must get the names and addresses of everyone involved, including witnesses. You should also make the vehicle secure; tell the police straight away if anyone is injured or there is any disagreement about who is responsible; and call the office from which you rented the vehicle within 2 working hours. You must complete our Accident Report Form ("ARF") either by completing the form at www.greenmotion.com/ARF or by emailing a completed form to the correct location email address within 24 hours of the time of the accident. Failure to provide 3rd party details and a fully completed ARF will result in liability for double the standard excess responsibility displayed in the terms and conditions on www.greenmotion.co.uk. You must complete the ARF and follow the above instructions even if you have full or partial cover from Green Motion.
We are not obliged to replace any damaged vehicle with another hire vehicle.
11. Data Protection You agree that we may use any information you have given us to carry out our own market research and you authorise us to contact you in the future by the way of direct marketing if we have information we feel may be of interest to you. You agree that we can give this information to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), who can pass it on to any of its members for any purpose shown in the Data Protection Act 1998. Motor Insurers share information to prevent fraudulent claims. In the event of a claim the information on this form and any claim form may be put on a register and shared with others.
12. Ending the agreement
a. If you are an individual, we may end this agreement without prior notice if a bankruptcy order is made against you or belongings have been taken from you to pay your debts, or a receiving order has been made against you. We may also end this agreement if you break any terms of this agreement.
b. If you are a company, we may end this agreement without notice if you go into liquidation; or you call a meeting of creditors, or your goods are taken from you to satisfy debts; or you break any of the terms of this agreement.
c. If we end this agreement, it will not affect our right to claim any money we are owed under the agreement. We can also claim reasonable costs from you if you do not meet any of the terms of this agreement. We can repossess the vehicle (and charge you a reasonable amount).
13 Governing law
This agreement is governed by the laws of the country in which it is signed. Any dispute may be settled in its courts.
Version UK04. Issue Date August 2020