1 The following words shall have the following meanings:-
1.1 ”you/your”the hirer as set out overleaf
1.2 ”we/us”the company as set out overleaf
1.3 ”our address”our address as set out overleaf from which the vehicle was hired
1.4 ”the Driver”the driver or drivers as set out overleaf
1.5 ”the Rental Period”the rental period as set out overleaf
1.6 ”the Vehicle”the vehicle as described overleaf
2.1 You acknowledge that when you or the Driver receive the Vehicle it only has such damage, dents or scratches as set out overleaf.
2.2 You will return the Vehicle when this Agreement comes to an end to our address (or to such other address set out in writing signed by you and by us and endorsed on this Agreement). If you wish to extend the Rental Period, this must be agreed before the end of the Rental Period or you will be in breach of this Agreement (for the consequences of this, see 11 below). The Rental Period, including any extension, shall not exceed 28 days.
2.3 You agree to return the Vehicle in the same state of repair and condition (subject only to fair wear and tear) that it was when you or the Driver received the Vehicle.
3 Unless you and we agree otherwise in writing, you will pay all charges at the rates set out over leaf at the commencement of the Rental Period. Note that you must pay for all petrol or diesel used during the Rental Period. At the end of the rental period you will pay us, at the rate set overleaf, for any mileage in excess of any agreed maximum mileage.
A refuelling service charge if you did not return the vehicle back to us with the agreed amount of fuel or electricity. The charge will be based upon the rates contained within this agreement or those at the location or rental branch you rented the vehicle from (or both). However, if at the time of signing the agreement, you have agreed to pay for a full tank of fuel and return the vehicle without refuelling, then no refuelling service charge shall be payable. You will not receive any credit for any unused fuel or electricity left in the tank or battery at the end of the rental period.
3.1 No charges may be assigned by the hirer to a third party without written permission from.
Use of the Vehicle
4 During the Rental Period, you are responsible for ensuring that:-
4.1 the Vehicle remains in your or the Driver’s possession;
4.2 the Vehicle is only driven by the Driver
4.3 all reasonable and proper care is taken of the Vehicle;
4.4 the water and oil levels, which you must check daily, are in accordance with the manufacturer’s recommended levels (a copy of the manufacturer’s handbook will be normally placed in the Vehicle’s glove compartment but if you are in any doubt then you should ask us);
4.5 the Vehicle is locked and the keys removed if the Vehicle is left unattended for even a short period (note that if the Vehicle is insured under 6.1, the insurance will be invalidated if you breach this condition);
4.6 the radio front is removed if the Vehicle is left unattended for even a short period (for the consequences of breaching this condition see 8.3 below)
4.7 the Vehicle is not without our prior written permission taken outside England, Wales and Scotland;
4.8 the Vehicle is not used;
4.8.1 for hire or reward;
4.8.2 in contravention of any statute, order, regulation or for any unlawful purpose;
4.8.3 without our prior written permission for propelling or towing any other vehicle or trailer;
4.8.4 for racing, competition, pacemaking, reliability or other trials, speed testing or driving tuition;
4.8.5 so as to render void, voidable or so as to limit the terms and conditions of the applicable insurance policy (see 6 below)
4.8.6 for attendance at football matches, for fishing trips or in relation to any activity, event, celebration or otherwise in respect of which we have advised you the Vehicle is not to be used.
4.8.7 where we have agreed with you that the Vehicle will be used for a specific purpose, for any purpose other than that specific purpose.
4.9 the Vehicle is not to be used by any person;
4.9.1 who has given a false name and address to us;
4.9.2 who is under the influence of alcohol or unlawful drugs of any kind whatsoever;
4.9.3 who has failed to tell us or who has given us false details of any road traffic offences;
4.9.4 who does not have a full British or other driving licence valid for the use of the Vehicle and acceptable to the applicable insurance company (see 6 below).
4.9.5 Our vehicles may be equipped with a manufacturer provided telematics systems or another vehicle telematics system. Some or all of these said systems may or may not be active during rental periods. Telematics systems may provide us, use of, disclosure of or access to – location information, operational condition, mileage, speed etc as permitted by law. It is the drivers/hirers responsibility to wipe any data inputted from the telematics system should you wish to use it before you return the motor vehicle back to us as we can not guarantee the privacy and confidentiality of such information .
Ownership of the Vehicle
5As between you and us, the Vehicle remains our property at all times and you will not permit:
5.1 a lien to be created over it, or
5.2 in any other way create a charge of whatever kind over it.
6.1 Unless you insure the Vehicle in accordance with 6.2 below we will arrange insurance for the Vehicle for you and on your behalf throughout the Rental Period. The insurance policy will be available for you and the Driver to inspect at our address during normal working hours. Whether or not you and the Driver choose to inspect the policy, you will be responsible for any failure by you or the Driver to comply with its terms and conditions and any such failure will be a breach of this Agreement. Note, in particular, that:-
6.1.1 the insurance policy will only apply if the Vehicle is being used with reasonable and proper care and in accordance with the terms and conditions of this Agreement;
6.1.2 you will be responsible for paying an excess in respect of the second and subsequent claims under the insurance policy.
6.1.3 the insurance policy will not apply and it will therefore be a breach of this Agreement if the Driver drives the Vehicle at any time with over 80 milligrams of alcohol in 100 millimetres of blood or over such other legal limit as shall from time to time be applicable; and
6.1.4 the insurance policy will not cover the interior or contents of the Vehicle and if the Vehicle is a commercial vehicle this includes minibuses, then the insurance policy will, in addition, not apply to damage to the roof and high sides to the front and rear of the vehicle.
6.2 You may insure the Vehicle through your own insurers (provided we are satisfied as to the adequacy of your insurance policy) in which case it is your responsibility to ensure that the insurance policy remains fully in force throughout the Rental Period, provides sufficient cover at law and that any use of the Vehicle by you or the Driver is within the terms and conditions of the policy. You will be responsible for any failure by you or the Driver to comply with the terms and conditions of your insurance policy and any such failure will be a breach of this Agreement.
6.3 All vehicles are fitted with Security Tracking Equipment. The Company reserves the right to access or distribute the information at any time. Full details can be obtained on request.
7.1 If you have a breakdown you must tell us as soon as you can. If we authorise towing and/or repairs then you must have those repairs carried out and they must be carried out strictly in accordance with our instructions.
7.2 Except in the situations described in 7.3 below, you will pay the first £50 of any repairs and we will pay the balance.
7.3 You will pay the full cost of towing and/or repairs where:-
7.3.1 the breakdown arises as a result of your breach of this Agreement; or
7.3.2 You fail to follow the procedure in 7.1 above
Loss or damage
8.1 If the Vehicle is stolen, lost or otherwise taken out of your or the Driver’s possession then you must report this immediately both to the police and to us at our address and you must take all reasonable steps to recover or to assist in the recovery of the Vehicle.
8.2 If the Vehicle is stolen, lost or otherwise taken out of your or the Driver’s possession or if the Vehicle is damaged you will fully compensate us for all loss or damage we suffer (making your own arrangements with the relevant insurance company) and without limiting your responsibility to do so, until you do fully compensate us or until the Vehicle is returned to us in accordance with 2.3 above you will be liable to pay the rental and other charges set out overleaf on a daily basis after the end of the Rental Period (although we will offset any sums we receive from hiring the Vehicle to another person whilst we await compensation from you). These payments must be made from the end of the Rental Period at two weekly intervals.
8.3 In addition to your obligations to us in accordance with 8.2 above, if the radio front is not removed when the Vehicle is left unattended then you will indemnify us against any resulting loss or damage including any costs and expenses we incur in replacing the radio and in making good damage arising from forced entry (eg replacing broken glass).
8.4 The hirer will pay any charges arising from Customs & Excise or Immigration authorities seizing the vehicle together with a loss of income charge while we cannot rent out the vehicle, and payment of civil penalty for carrying illegal immigrants in vehicles and recovery of the vehicle if and when we demand the payment.
Extent of our liability
9 We are liable for any personal injury or death arising from our negligence. We are not liable for any other loss, injury, death or damage whether direct or indirect suffered by you or the Driver or any third party. We do not, however, seek to exclude your statutory rights.
10 You will allow us to have access at all times to inspect the Vehicle.
11.1 We may terminate the Agreement either verbally or, if we prefer, by written notice if:-
11.1.1 you die;
11.1.2 you enter into any voluntary arrangement with your creditors;
11.1.3 (being an individual or firm) you become bankrupt or (being a company) you go into liquidation or become subject to any administration order or (in either case) if any petition is presented or against you in respect of any such matters;
11.1.4 a receiver is appointed or any other encumbrancer takes possession of any of your property or assets;
11.1.5 legal process is levied or entered against any of your goods;
11.1.6 we reasonably consider that any of the events referred to in clauses 11.1.2 to 11.1.5 above is about to occur in relation to you;
11.1.7 you breach any of the terms or conditions of this Agreement or if we reasonably believe that you have done so or are about to do so.
11.2 If we terminate this Agreement under clause 11.1 above, then:-
11.2.1 you must immediately return the Vehicle to us or (if we prefer); allow us to recover the Vehicle ourselves.
11.2.2 you must immediately pay to us all charges dues due under this and any other agreement with us;
11.2.3 you will not be entitled to any refund from us (although we will credit you with any sums, we receive from hiring the Vehicle to another person during the unexpired part of the Rental Period); and
11.2.4 you must pay us, when we demand it, any damages or losses we suffer because of any breaches by you of the terms or conditions of this Agreement including but not limited to any damages or losses we suffer as a result of any damage or loss to the Vehicle or any delay in the Vehicle being returned to us as a result of the termination.
11.3 You will pay us any monies arising from the vehicle being returned to us before the end of the previously agreed period l. eg 3,6,12 months on which the original hire rate was paid.
Waiver and notices
12.1 Even if we give you any indulgence or delay in enforcing our rights under this Agreement, we do not give up the right to enforce the strict terms of this Agreement.
12.2 A written notice posted or delivered to the other’s address overleaf will have effect on the second day after posting if posted with a first class stamp, or on the day on which it is delivered by hand.
12.3 This agreement is governed by the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English courts.
12.4 We may at any time pass information about you or the Vehicle to the finance company who provide finance to us in relation to the Vehicle (or any member of that finance company’s worldwide group of companies) so that they or their agent(s) can enforce any rights to the Vehicle. Personal data may be transferred to the above recipients to countries outside the EEA (including the USA and India).
13 We collect information about you when we process your – website enquiry and your hire agreement. Website usage information is collected using cookies.
13.1 When we collect information about you this is for the sole purpose of assisting the transactions you request, this will be the reserving and renting of our motor vehicles. This will also be to verify your identiy for fraud prevention purposes. We do not store this information for any other reasons.
13.2 We will not share your information for marketing purposes with companies outside of us.
13.3 You have the right to request a copy of any information we hold about you. If you would like a copy of your personal information that we hold, please email us at email@example.com. We make a small charge for this. To view our full privacy polices please visit https://www.welfarevans4less.co.uk/privacy-policy/
14 Data protection
By entering into this rental agreement you agree that we can process and store your personal information in connection with this agreement including data collected from the vehicle. We may use your information to analyse statistics, for market research, credit control and to protect our assets.
We may need to share your information with selected 3rd parties for performance of this contract including:
• Our breakdown provider if the vehicle suffers a breakdown
• Our insurer if they request it or if you are involved in an accident
• The DVLA if you take the vehicle abroad and they request the details of the VE103B which was issued to you for audit purposes
You agree that if you break the terms of this agreement we can pass your personal information to credit-reference agencies, debt collectors, the police or any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assets, as allowed under any applicable data protection legislation.
15 Late Payments
We may charge interest on any sums owing to Us that are not paid by the due date at the rate of 8% above the Barclays Bank base rate. Interest will be calculated daily on the overdue amount (including any interest due thereon) and shall accrue until the date of payment. In addition to interest we will charge you an administration fee of up to £49.00 on each occasion on which a payment fails for any reason (other than because of our default).
Welfare Vans Ltd – Royal Oak Garage, City Road, Fenton, Stoke on Trent, ST4 2PX
Registered in England Company No: 11011214, VAT No: 280 1987 85