When you sign the form over the page you accept the conditions set out in this rental agreement. ‘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 do not agree with, please ask any member of staff at the place you rented the vehicle from.
1. Rental period You will have 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 conditions 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 you have rented the vehicle from. 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. Your hereby authorise us to enter on your property to do so if necessary. We are entitled to call for return of the vehicle even if you have not broken any terms but we must then provide a comparable vehicle.
2. Your responsibilities You must look after the vehicle and the keys to the vehicle. You must always lock the vehicle when you are not using it, and use any security device fitted to or supplied with the vehicle. Lost keys are deemed negligence and insurance is deemed void. Failure to return keys to the rental branch is deemed loss of keys. You will be responsible for all costs and losses including but not limited to recovery, loss or repair.
a You must always protect the vehicle against bad weather which can cause damage. You must always make sure that you use the correct fuel and that all fluid levels and tyre pressures are correct.
b You are responsible for any damage to the vehicle caused by hitting low-level objects, such as bridges or low branches.
c You must not sell, rent or dispose of the vehicle or any of its parts. You must not give anyone any legal rights over the vehicle.
d You must not let anyone work on the vehicle without our permission. If we do give you permission, we will only give you a refund if you have a receipt for the work.
e You must let us know as soon as you become aware of a fault in the vehicle.
f You must bring the vehicle back to the place we agreed, during the opening hours displayed at that place. One of our staff must see the vehicle to check that it is in good condition. If we have agreed that you may return the vehicle outside business hours, you will remain responsible for the vehicle and its condition until it is re-inspected by a member of staff.
g You will pay for reasonable costs of repair if we have to pay extra costs to return the vehicle to its condition when the pre- rental inspection was carried out (for example, if extra valeting time or special material or equipment is needed to restore the vehicle to its pre- rental condition); or the vehicle has been damaged internally or externally whilst in your care.pay reasonable cost for bringing the vehicle back to the condition stated in the pre rental inspection report. Before you bring back the vehicle you must check that you have not left any personal belongings in the vehicle.
i You are responsible for any loss or damage to additional equipment hired at the time of rental, including but not limited to satellite navigation equipment, baby seats etc.
j. You will not allow an unauthorised person to drive the vehicle. Authorised persons are those named on this agreement or authorised by the company if using own insurance.
k.You are responsible for all costs incurred through your negligence, in the event of negligence insurance is deemed void and waiver products no longer apply. For example, damage to clutch.
3. Our responsibilities We have maintained the vehicle to at least the manufacturer recommended standard. We assure you that the vehicle is roadworthy and suitable for renting at the start of the rental period. Also, if you are not renting the vehicle for business purposes, we are responsible for loss caused by: the vehicle not being fit to drive; or us not having the legal right to rent out the vehicle. We are responsible if someone is injured or dies as a result of our negligence, act or failure to act. We are also responsible for losses you suffer as a result of us breaking this agreement if the losses 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 as a side effect 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 over the page, 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, pacemaking, testing the vehicle reliability and speed or teaching someone to drive; use the vehicle while under the influence of alcohol or drugs; drive the vehicle outside England, Scotland and Wales, unless we have given you written permission; load the vehicle beyond the manufacturer maximum weight recommendations and make sure that the load is 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. you must not use the vehicle or allow it to be used off road or on roads unsuitable for the vehicle; you must not drive in restricted areas including, but not limited to, airport service roads and associated areas; you must not use the vehicle for driver training activities;
6. Towing You or any other authorised driver must not use the vehicle for towing unless we have given you written permission.
7. Charges We work out our charges using our current price list, as published over the page.
You will pay the following charges.a The rental and any other charges we work out according to this agreement. Unused rental days (or early returns) are non-refundable.b Any charge for loss or damage resulting from you not keeping to condition 2.c A refuelling service 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 based on the rated printed on this rental agreement or at the place you rented the vehicle from (or both).
d It is the responsibility of each hirer to cover the cost of any parking fines and traffic violations including the London Congestion Charge. When fines or traffic violations occur and a Green Motion location is involved in administering the charge then an administration or fine service fee will be charged to the customer. All fines, court costs and intended prosecutions for parking, traffic or other offences (including any costs which arise if the vehicle is clamped) will be charged to the customer. You must pay the appropriate authority any fines and costs if and when the authority demands this payment. All fines and intended prosecutions incurred will attract reasonable administration or fine service charges which arise when we deal with these matters.
e 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 (depending on 3). And the reasonable cost of replacing the vehicle if it is stolen, depending on any insurance you have (as set out in 8), if and when we demand this payment. Different vehicle groups attract difference levels of excess. Full details are available on www.greenmotion.co.uk and your excess is stated on your rental agreement. A standard excess will have specific exclusions including damage to the wheels, tyres, glass, the roof and the underneath. The term glass includes headlights, side lights, rear lights and mirror glass.
f We will only charge you for loss of income if we cannot get back the losses under the Insurance Programme. We will charge you at the published daily rate and we will always do everything we can to make sure the vehicle is repaired or we get payment as soon as possible.
g Any charges arising from Customs and Excise or Vehicle Inspectorate seizing the vehicle, together with a loss-of-income charge while we cannot rent out the vehicle, if and when we demand this payment. h Any published rates for delivering and collecting the vehicle.i 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.j Value added tax and all other taxes on any of the charges listed above, as appropriate.
You are responsible for all charges, even if you have asked someone else to be responsible for them.
k.You are liable as owner for any charges arising from an offence under Part111 of the Road Traffic Offenders Act1988, the Road Traffic act 1991, Road Traffic regulation Act 1984 as amended, replaced or extended by any subsequent legislation applicable to Scotland, Northern Ireland or any British Isle where the vehicle is being used 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.
l.If for whatever reason you are unable to return the vehicle to the pre-arranged end of hire location and we have to make arrangements to collect the vehicle then you will be fully liable for all costs associated with the collection of the vehicle. We reserve the right to charge loss of use until such time as a collection can be arranged.
8. Our insurance and damage protection programme If we arrange separate insurance, we will give you separate information on 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 We have a legal responsibility to have third party insurance, this provides cover for claims made if you injure or kill anybody, or damage their property (cover for damage to property is limited to £5,000.000).
b We will provide cover for loss or damage to the vehicle if you have signed the box marked Hirer’s Signature and have paid the waiver charge detailed over the page. If you accept this, you still have to pay an amount up to the excess detailed over the page every time you damage the vehicle.
c We will provide cover for theft and damage to the vehicle caused during an attempted theft 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 shown over the page,
d.In the event that any person who has previously been convicted of an offence relating to drink or drugs 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 an accident occurring, the insurance cover will be limited to that required by the road traffic act.
9. Your own insurance If we have agreed as indicated under insurance details over the page you may arrange your own insurance for the full duration of the rental as long as you can prove that this insurance is valid and have signed to confirm over the page. We have to agree to the amount of cover you arrange, the type of policy and the insurer you have chosen.
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 whether the vehicle can be repaired or what compensation is due to us, 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. You are financially responsible for settling the full claim and paying all costs if the policy you have arranged fails and the vehicle is damaged, lost or stolen, or a claim as made by any other party.
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 a disagreement over who is responsible; and call the office from which you rented the vehicle within 2 working hours. You must fill in our accident report form and send it to our address shown over the page. Failure to provide 3rd party details and a fully completed accident report form will result in liability for double the standard excess responsibility displayed in the terms and conditions on www.greenmotion.co.uk.
A replacement vehicle is not assured.
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 If you are a consumer we will end this agreement straight away if we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We may end this agreement if you do not meet any of the conditions of this agreement.
b If you are a company, we will end this agreement straight away if you go into liquidation; you call a meeting of creditors, we find out that your goods have been taken away from you until you pay off your debts; or you do not meet any of the conditions of this agreement.
c If we end this agreement it will not affect our right to receive any money we are owed under the conditions of this agreement. We can also claim reasonable costs from you if you do not meet any of the conditions of this agreement. We can repossess the vehicle (and charge you a reasonable amount) without using unreasonable force or causing damage.
13 Governing law This agreement is governed by the laws of the country in which it is signed. Any dispute may be settled in the courts.