1. Amendment, Cancellation, and Extension.
1.1. You may during the Rental Period, subject to availability, add extra days (charged at the applicable daily rate) to the original Rental Period by calling Our office and getting agreement in writing.
1.2. If You cancel the Rental Agreement within 72 hours of the Rental Period, then under no circumstances will We refund all or any of the Rental Cost. This may be waived at Our discretion.
1.3. If You return the vehicle early, no refund will be made for the unused portion of the Rental Period.
1.4. We have the right to refuse to release the Vehicle to You if there are any undisclosed endorsements on Your driving license or You fail to provide the documents described in Clause 3. In such circumstances, the Rental Agreement may be terminated and We will not be obliged to refund all or part of the rental cost.
3.1. When You collect Your vehicle from the requested Location You must bring:
a. A valid driving license for all Driver(s) together with details of endorsements (including paper counterparts for new photo card licenses). All Driver(s) licenses must be for manual vehicles.
b. Second form of ID; either a bank statement, utility bill, passport, NHS or MOD card. If using single paper license then second ID must be photographic.
3.2. If You collect the vehicle later than the Agreed Start Time, no refund will be made in respect of any unused portion of the Rental Period.
4. What You agree from the outset.
4.1. You agree with Us and acknowledge for the purposes of this Rental Agreement and related insurance cover that:
a. The information, which You have supplied Us is true, and that all material facts which may reasonably be expected to affect either the Insurance or Our decision to enter into the Rental Agreement with You have been disclosed. False, misleading or untrue information may invalidate any Insurance affected in relation to this Rental Agreement by Us, and You may be exposed to unlimited liability to third parties.
b. You have not relied on any information or promise about the rental or the Vehicle made by Us or one of Our staff or anybody else and save in the case of fraud You shall not be entitled to make a claim of misrepresentation against Us.
4.2. You will indemnify Us against all claims by or against Us resulting from Your failure to comply with the Rental Agreement and the terms of any related insurance policies.
4.3. You must inform Us as soon as possible if the Driver(s) or any Additional Driver(s) incurs or has incurred any other endorsements on Your/their licence or if there is a change in Your/their circumstances since booking which may affect the Rental Cost.
5.1. Whilst You have the Vehicle during the Rental Period You agree that You will:
a. Keep a copy of the Rental Agreement and Terms & Conditions (including the Renters Information Guide) in the Vehicle at all times.
b. Be responsible for the Vehicle and Extras during the Rental Period in accordance with the terms and conditions of the Rental Agreement, and shall procure that any Additional Driver(s) observe the terms and conditions.
c. Inform Us as soon as possible about any damage to the Vehicle or Extras, or if there is a fault, and in any event You must comply with the obligations in Clause 11.4. If using the Vehicle after it has been damaged could cause further damage or if there is a fault You will not continue to use it and notify Us immediately.
d. Inform Us or Our representative of the whereabouts of the Vehicle if We ask You.
e. Obtain any authorisations, licences, permits that are required for the Driver(s) or Additional Driver(s) to use the vehicle in the country You are using it.
f. Not take the Vehicle outside of England, Wales or Scotland unless agreed by Us in writing.
g. Not sell, rent or dispose of the Vehicle or any parts or Extras in any way.
h. Not do or allow to be done any work on or other interference with the Vehicle.
i. Not allow the vehicle to be driven or used by any person whom has not been named as a Driver(s) or Additional Driver(s) in this Rental Agreement unless agreed with Us in writing or You are Using Your own Insurance under Clause 12.
j. Not use, and ensure that the Vehicle is not used during the Rental Period if it becomes in an unsafe condition or unsafe to drive or for a purpose for which it is not designed. In particular You will not overload the Vehicle, You will properly secure all loads and not carry any hazardous or inflammable substance(s).
k. Not use the Vehicle for racing, pace making or any other form of competition, not use the Vehicle hazardous or unusual use when using Our Insurance Cover and/or LDW. Towing may be permitted when agreed by Us in writing.
l. Not carry people/property for hire or reward or use it for driving tuition.
m. Not drive the Vehicle on un-surfaced roads or other unpaved surfaces, unless the Vehicle is designed for 4x4 operations.
n. Not use or drive the Vehicle in breach of the law of the country which it is used, or use it or allow it to be used in order to commit any criminal activity.
o. Make sure that the Vehicle is locked and secured when not in use and properly protected against damage due to bad weather. You will take proper care of the Vehicle and any extras. In particular You will use the correct fuel and regularly check and maintain correct levels of engine oil, tyre pressure and coolant.
p. Not represent that You are the owner of the Vehicle or Our agent.
q. Not remove or change any name or other identifying marks of ownership.
5.2. If You fail to fulfil any of the obligations imposed on You by Clauses 5.1 above, You may invalidate Your Insurance and/or be held liable by Us to make good all loss or damage sustained by Us and/or third parties having unlimited financial liability.
6. Your responsibilities for returning the Vehicle.
6.1. You must return the Vehicle and any Extras to the Location at the Agreed End Time. You must return the Vehicle at once if the Rental Agreement is terminated before the Agreed End Time. If You do not We may repossess the Vehicle at Your expense wherever it may be and We reserve the right to report to the police that it is in Your possession without our consent.
6.2. You must return the Vehicle to Us in the same condition as it was at the start of the Rental Period, subject to fair wear and tear.
6.3. If You return the vehicle outside of the opening hours, or no members of staff are available Your responsibility for any loss or damage in relation to the Vehicle and Extras sustained during the Rental Period continues until We have had a reasonable opportunity to clean and re-inspect the Vehicle. Should You wish, You may request that the vehicle is inspected in Your presence. In these circumstances, We only undertake to conduct the inspection at Our earliest practicable opportunity.
7. Charges, Cost and Payments.
7.1. The Rental Cost shall be debited from Your Credit/Debit card, cash or cheque. The Rental Cost is fully inclusive of the renting of the Vehicle, the Insurance, and all VAT, insurance premium tax or relevant local taxes but excludes any payments in respect of Extras, Mileage, Fuel and Supplementary Charges
7.2. We work out charges as shown using Our latest price list. By agreeing to the terms of this Rental Agreement You hereby expressly authorise Us to retain Your Credit/Debit card details and We shall be entitled, during or following the Rental Period to debit Your Credit/Debit card in respect of such sums as are owed to it under this Rental Agreement to cover Your potential financial liability to Us. Where the sums due are more than the deposit, You agree to pay the remaining monies owed and/or reimburse Us for the amounts owed. This express authorisation extends to the terms of Clauses 1, 5.2, 6, 8, 9, & 10. Overdue charges will be charged at 4% a year above the base rate of Royal Bank of Scotland. You will be liable to Us for the following charges:
a. The Rental Cost and other Supplementary Charges according to these terms.
b. Any charges by not fulfilling the obligations imposed on You by Clause 5 and 11.4.
c. Charges that arise under the terms of Clause 8.
d. Late Returns: You agree that it is likely that the Vehicle hired out to You was due to be hired to another customer at the Agreed End Time. You further agree that if You did not return the Vehicle by the Agreed End Time, We will suffer loss. In such circumstances, You will be liable to pay late return charges per day or part thereof to Us, such payment being a genuine pre-estimate of Our loss.
e. Refuelling Charge: The Vehicle will be supplied with the amount of fuel as indicated on the Vehicle Condition Report; You must return the Vehicle with the same level of fuel. If You do not there will be an admin charge per litre as set on the Rental Agreement. Minimum admin fee being £5.
f. Excess Mileage: Charged per mile for going over the Mileage Allowance as set on the Rental Agreement at the rate set thereto.
g. Valeting Charge: If We reasonably believe that the Vehicle needs more than Our standard valeting then You will pay any extra Valet Charges at Our discretion.
h. Penalty Charges: Amounts in respect of offences committed under Section 66 Road Traffic Act 1988 and Schedule 6 Road Traffic Act 1991 or any relevant road traffic legislation in the country You using the Vehicle during the Rental Period.
i. Loss-of-Income: Any loss-of-Income whiles the Vehicle is impounded or retained by any authority seizing the Vehicle or whiles the Vehicle is awaiting repair for Non-Rentable Damage, such payment being a genuine pre-estimate of Our loss.
j. Damage: Under the terms of Clause 8.
7.3. You will inspect the Vehicle and its condition, fuel level, mileage and Extras against that stated on the Vehicle Condition Report before You leave the Location. By signing the Vehicle Condition Report You agree to the details recorded on it. You shall inform Us at that time if there are errors on the Vehicle Condition Report.
8. Your liability for damage to the Vehicle or Extras.
8.1. If the Vehicle is damaged during the Rental Period and You are using Our Insurance Cover and/or LDW Your liability for the damaged shall be as follows:
a. Rental Damage; the Vehicle has suffered loss or damage that will require repair, but which in Our opinion will not prevent it from being re-rented before repairs, You will be charged; (i) the Rentable Damage Charges, being at Our discretion the cost to Us of effecting all or necessary repairs or replacement, together with; (ii) an Administration Fee starting at £10.
8.3. Non-Rentable Damage; the Vehicle has suffered loss or damage that will require repair, and which will in Our opinion, prevent it being re-rented before repairs (because it can neither be physically or commercially provided to a new customer), You will be charged; (i) the Non-Rentable Damage Charges being the cost to Us of effecting all or any necessary repairs or replacement; together with; (ii) an Administration Fee starting at £20.
9. Road traffic and parking regulations - statement of liability.
9.1. You acknowledge that until the Vehicle is returned to Us You will be liable as keeper of the Vehicle for any offences, penalties or fines committed or sustained in respect of the Vehicle under any relevant road traffic legislation in the country You using the Vehicle during the Rental Period.
10. Loss Damage Wavier (LDW)
10.1. By initialling the box on the Rental Agreement, You agree or disagree to reduce Your insurance excess in the event of an incident covered by our Insurance.
10.2. No Insurance cover is provided for nor will the LDW cover the following, meaning You will have unlimited financial liability to Us and/or third parties for:
(a) policy exclusions as set out by Our Insurers and by the terms under Clause 11.
(b) Fee(s) as set on Our price list.
(c) Charges that arise under the terms of Clause 7 or by not fulfilling the obligations imposed on You by Clause 5 and 11.
(d) If using Your own insurance the policy fails and the Vehicle suffers loss, damage or is stolen and/or a claim is made by a third party.
(e) This clause extends to the following in the event of Damage or Loss to/caused by:
I. Manoeuvring or striking an over head object
II. Tyres, internals & glass
III. Missing or damaged radios, accessories, or Extras
IV. Manoeuvring or striking static objects (gates, walls, posts etc…)
11.1. It is compulsory for You to be covered for third party liability and this, together with insurance covering loss or damage to the Vehicle, is included in the Rental Cost.
11.2. No insurance cover is provided in respect of personal injury or death (including medical expenses) or loss, damage or theft of personal property.
11.3. You shall be liable for any loss or damage to the Vehicle or third party claim up to the Insurance Excess.
11.4. If the Vehicle is stolen or unlawfully taken or involved in any Incident however caused You must:
a) make no admission of liability to any persons whatsoever.
b) inform the Police of any Incident and obtain a crime number immediately.
c) ensure that We are made aware of the Incident immediately within 24hrs.
d) ensure that the Driver completes and submits insurers and Us with full details of the Incident within 7 days of the Incident. If You are injured and prevented from reporting the Incident in this way then You must do so within a reasonable time afterwards.
e) obtain names and addresses and where applicable licence and vehicle registration numbers of all third parties and witnesses and supply them to Us.
f) send to Us at once any letter from any third party and any Write, Summons or other document relating to any Court proceedings
g) help Us and the insurers in dealing with the Court proceedings ensuring Court actions are taken in Your name and defending any proceedings taken against You.
11.5. Exclusions: You may be held liable by Us to make good any and all damage or loss sustained to the Vehicle and any third party during the Rental Period if You:
a) fail to ensure that an Incident Report Form is completed and submitted to Us
b) use the Vehicle for any purpose other than that for which is was supplied to You
c) use the Vehicle to participate in any illegal activity
d) fail to take reasonable care of the Vehicle (for example, leaving it unlocked and unattended or leaving the keys in the Vehicle).
12. Your Own Insurance.
12.1. If we put a ‘Y’ in the relevant box and Your Insurer, policy number and cover period is recorded on the Rental Agreement then it is agreed between You and Us that Your insurance will be used for the Vehicle for the Rental Period. We will only accept Your own insurance as a substitute if this has been validated before the Rental Agreement is made. We must be satisfied with the policy cover and the Insurer. If the Vehicle is stolen, loss or damaged You will let Us negotiate with the insurers about whether the Vehicle can be repaired and/or the compensation due.
13.1. We reserve the right to terminate this Rental Agreement and repossess the Vehicle (at Your expense) for any breach by You of the terms of this agreement or if We reasonably believe You are in breach.
14. Zelfi Ltd's Obligations.
14.1. Provided that We have received cleared funds for the sums owed under the Rental Agreement, We will make the Vehicle available to You at the Location for the Rental Period at the Agreed Start Time. The Vehicle will be in good working order and fit for the purpose for which it is hired to You (please note the restrictions in Clause 5).
14.2 If the Vehicle breaks down or becomes un-roadworthy other than through the fault of the Driver(s) of third parties, We may, at our discretion, either provide a replacement Vehicle of the same or similar type or refund that portion of the Rental Cost relating to the remaining portion of the Rental Period. Breakdown cover includes Roadside assistance and recovery back to Our depot. Please Read the Breakdown Cover Policy Booklet contained within the Vehicle’s glove compartment.
14.3 We do not undertake to provide You with a particular type make colour or specification of Vehicle and reserve the right to alter these if necessary. In the event that We are unable to provide You with a suitable vehicle, We reserve the right to end the Rental Agreement and refund the Rental Cost.
15. Limits on Zelfi Ltd's liability.
15.1. We accept liability for death or personal injury due to Our negligence.
15.2. We shall have no liability to third parties for loss or damage sustained arising out of Our connection with Your use of the Vehicle during the Rental Period.
15.3 We shall have no responsibility for any property left in or damaged as a result of being in the Vehicle.
15.4. We have no other liability to You other than to replace any defective Vehicle or to refund that portion of the Rental Cost relating to the remaining portion of the Rental Period.
15.5. We are not responsible for any indirect losses that arise as result of using the Vehicle unless it is due to Our negligence (including loss of profits or opportunity)
15.6. The Hirer agree that all information submitted may be shared with third parties, including other hire companies and vehicle providers in the event of Us suffering unrecoverable loss or fraud. Such information will be used to help prevent fraud and other criminal activities
16.1. If any of the provisions of this Rental Agreement are or become unenforceable then it is the intention of the parties that this shall not affect the validity or enforceability of this Rental Agreement as a whole or of any other provisions thereof.
17. Interpretation and Law.
17.1. The Law of England and Wales shall apply to this Rental Agreement. Any Court proceedings relating to the Rental Agreement may only be commenced in England and Wales.
18. Operators Licenses on HGV Vehicles.
18.1. It is the responsibility of any hirer who rents a Vehicle to ensure that they have the relevant Operators License at the time of hire.
"Agreed Start Time", "Agreed End Time" means the time agreed for the collection and return of the Vehicle at the point the Rental Period commences or ends. "Driver(s)", “Additional Driver(s)" means the person(s) whose name appears under ‘Hirer’ or ‘Additional Driver’.
"Extras" means any extra equipment requested by You for use with the Vehicle. "Incident" means any loss, damage. Accident or other mishap involving the Vehicle, whether the loss or damage is sustained to the Vehicle itself or to a third party. "Incident Report Form" means the form to be completed by You and submitted to Us in the event of an Incident ( if the Vehicle is stolen or the form is lost, You shall notify Us by phone and We shall send another form to You). "Insurance" means the cover affected by Zelfi Ltd in respect of Your rental of the Vehicle in accordance with the terms of this Rental Agreement. "Insurance Excess" means the amount payable by You in the event of an Incident covered by Insurance. "Location" means the relevant Zelfi Ltd site from which You will be collecting and returning the Vehicle. "Loss/Damage Waiver", “LDW” means amounts You may elect to pay in order to reduce the level of Insurance Excess for which You are liable in the event of an Incident covered by Insurance. "Mileage Allowance" means the amount of miles per day included in Your Rental Cost. "Non-Rentable Damage Charges" and "Rentable Damage Charges" means the costs to Us of effecting all or any necessary repairs or replacements in relation to Clause 8.
“Price List” means our current list of charges, which can be inspected at our Location, unless different charges have been agreed between You and Us in writing. "Rental Agreement" means Your full agreement with Us including the Terms and Conditions of this Rental Agreement. "Rental Cost" means the sums payable by You to Us in respect of rental charges and insurance, in accordance with this Rental Agreement. "Rental Period" means the period of hire of the Vehicle, from the Agreed Start Time to the Agreed End Time "Renter", "You" and "Your" means You, the customer to Us. "Supplementary Charges" means all and any additional charges and costs incurred by You. These include, without limitation, Rentable and Non-Rentable Damage Charges, Late Return Charges, Excess Mileage Charges, Fuel Charges, Administration Fees, road traffic and parking fines.
"Valet Charges" means the charges for extra cleaning above that of the standard post hire clean. This is chargeable at the rate shown n our Price List..
"Vehicle" means the Vehicle and all its accessories, tyres, tools/equipment, documents, fittings and components; whether mechanical or otherwise. "Vehicle Condition Report" means the documents given to You at the Location when You collect the Vehicle, which details without limitation, mileage, condition, fuel level, and any Extras included.
"We" and "Us" and "Our" means Zelfi Ltd (reg England and Wales 05632396) of; 42 Victoria Road, Devizes, Wilts, SN101ET.
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