Rapid Vehicle Management (“the Lessor”)
98 Liverpool Road, Formby, L37 6BS
Registered in England Company No 5714220 VAT 931922330
1.DEFINITIONS OF WORDS USED IN THIS DOCUMENT
1.1 – Continuous Payment Authority – consent given by a You for Us to make one or more requests to a payment service provider for one or more payments from Your payment account.
1.2 – Data Protection Legislation – (i) unless and until the General Data Protection Regulation(“GDPR”) is no longer directly applicable in the UK, the General Data Protection Regulation((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to theGDPR or the Data Protection Act 1998.
1.3 – Excess Mileage Charge – Charges that You are liable for based on the number of miles the Hire Vehicle has covered over the amount stipulated in this agreement. Excess MileageCharges are calculated at the end of the Rental Period on a pence-per-mile basis.
1.4 – Hire Charges – the charges set out in the tariff accompanying this agreement which are incurred by You whilst hiring the Hire Vehicle for the Rental Period.
1.5 – Hire End Date – The last day of the Rental Period and the date on which you are obliged to return the Hire Vehicle to Us.
1.6 – Hire Start Date – The first day of the Rental Agreement and the first day that You have aHire Vehicle
1.7 – Hire Vehicle – the motor vehicle identified on the face of this agreement which You hire from Us, or any vehicle with which We replace it during the Rental Period, being a fully taxed vehicle in good working order and repair.
1.8 – Parties – the collective term for You and Us
1.9 – Rental Agreement – This contract between You and Us, containing details of You, theHire Vehicle, charges, insurance, declarations, terms and conditions executed at the acceptance of all said terms and conditions, valid for the entire Rental Period to which no modification can be made unless in writing signed by You and Us.
1.10 – Rental Period – the period for which You have a Hire Vehicle. The Rental Period maybe terminated by either of the Parties in accordance with the terms of this Rental Agreement.1.11 – We, Us, Our – Rapid Vehicle Management
1.12 – You, Your – the person or organisation by or on behalf of whom this agreement is signed.Where the agreement is signed electronically, the Parties agree that the signature shall have the same legal effect as if it were signed by conventional means.
2. Hire Arrangements: Our Obligations to You
2.1 At Your request, We will deliver and collect the Hire Vehicle at the beginning and end of theRental Period, at a place to be agreed.
2.2 If during the Rental Period Your use of the Hire Vehicle is interfered with to any significant extent by any defect or damage for which You are not responsible, We will repair or replace it as soon as reasonably practicable.
2.3 We will maintain the Hire Vehicle to at least the manufacturer’s recommended standard andWe are responsible for the organisation of all routine servicing and maintenance from theRental Agreement Hire Start Date to the Rental Agreement Hire End Date (which includes tyres and the arranging of MoTs, for the avoidance of doubt). We, or a third party operating on behalf of Us, will provide fair and reasonable notice of no less than three days to You when arranging servicing or maintenance appointments, advise You of these and coordinate schedules withYou. It is the Your responsibility to keep these agreed appointments and otherwise bear any rescheduling costs if an appointment is missed
2.4 We ensure that the Hire Vehicle is roadworthy and suitable for driving at the start of theRental Period.
2.5 We may substitute the Hire Vehicle for another similar vehicle on at least 2 days’ notice at any point during the Rental Period.
3. Terms of Hire : Your Obligations, Responsibilities and Requirements of You
3.1 When either We deliver or You collect the Hire Vehicle at the start of the Rental Period, You must inspect the Hire Vehicle. You will make Us aware of any defects in the Hire Vehicle at the time that you receive the Hire Vehicle. If You do not notify Us at the time of You receiving theHire Vehicle of any defect found by You, it shall be deemed that You received the Hire Vehicle in perfect working order (save for any existing damage recorded on documentation provided byUs at the start of the Rental Period.
3.2 You will return the Hire Vehicle to Us in the same condition in which You received it (save for normal wear and tear).
3.3 You will return the Hire Vehicle with no less fuel than when you received the Hire Vehicle at the start of the Rental Period, or You will pay Us the forecourt price of the shortfall in fuel as compared to when You received the Hire Vehicle at the start of the Rental Period.
3.4 At any point during the Rental Period, upon request, You will make the Hire Vehicle available for an inspection by Us and will comply with such a request.
3.5 Only You may drive the Hire Vehicle.
3.6 You are responsible for the Hire Vehicle at all times during the Rental Period.
3.7 You shall be liable for damage to, and theft of, the Hire Vehicle from delivery or collection of the Hire Vehicle until We have collected or You have returned the Hire Vehicle at the end of theRental Period. You must meet with a representative of Us at the Rental Period Hire End Date or such extended date as provided for in this Agreement, We must inspect the Hire Vehicle to check that it is in satisfactory condition.
3.8 You will be liable for repairs (which must be carried out by a repair centre approved by Us) if the Hire Vehicle needs more than Our standard valeting(cleaning), or if the Hire Vehicle has been damaged whether or not it is Your fault. Any insurance coverage may cover such repairs and charges but in the event it does not, You will be separately charged by Us for any such repairs and charges.
3.9 It is Your responsibility to ensure that throughout the Rental Period, the Hire Vehicle is not underlet, pledged, subject to a lien, sold or disposed of or any of it’s parts and any legal rights over the vehicle are not passed to any other party.
3.10 It is your responsibility to ensure that throughout the Rental Period, the Hire Vehicle is not subject to any modification or mechanical, structural or superficial alterations and that noting is affixed to the Hire Vehicle
3.11 You will be liable for any Excess Mileage Charge as set out in the in the tariff accompanying this agreement if you exceed the Weekly Mileage Limit during the Rental Period. On any substitution of a Hire Vehicle pursuant to condition 2.5, the Weekly Mileage Limit and any ExcessMileage Charge shall be recalculated by Us by reference to the distance in mileage travelled by the substitute Hire Vehicle at the date of substitution.
3.12 The Hire Vehicle; (a) shall not be taken outside the United Kingdom(b) shall be used and driven at all times in a manner which is lawful and safe; (c) shall not be used for racing, for driving instruction, for competition, or for trials of any kind; (d) shall not be used for towing or propelling anything.
3.13 You must ensure that the driver’s licence shown to Us at the time the Hire Vehicle is rented is Your own and fully valid, that You will further protect the Interests of the insurer and Us by ensuring the Hire Vehicle is always locked when unattended and that the keys are secure at all times.
3.14 You authorise Us to verify through credit agencies, the Driver and Vehicle Licensing Agency or any other sources, personal, driving and credit information for You.
3.15 You shall maintain the Hire Vehicle in a fit and proper manner (for example, by performing reasonable checks and maintenance of oil and water levels and tyre pressures) and undertake to return it to Us in the same condition as when received, reasonable wear and tear excepted.
3.16 You shall be responsible for replacing or repairing tyres (whichever is deemed necessary to ensure the Hire Vehicle remains road worthy) following tyre punctures.
3.17 In the event that You discover that the Hire Vehicle is defective or has been damaged. You will inform Us within 24 Hours by telephone and provide full information as to the Hire Vehicle’s location and condition. You will not Use the Hire Vehicle in the meantime unless it is fit for use.
3.18 No repairs to or modifications of the Hire Vehicle, may be performed without Our written agreement.
3.19 At the end of the agreed Rental Period You must return the Hire Vehicle to Us immediately, unless You have previously arranged for its collection from a place which has been agreed by Us.Where You fail to return or arrange the collection of the Hire Vehicle, You must pay Us an amount equal to the Hire Charges for each day or fraction of a day that You retain it.
3.20 We may take any step necessary to recover the Hire Vehicle at the end of the agreed RentalPeriod and You authorise Us to enter on to Your private property in order to do so. The cost of recovering the Hire Vehicle is payable by You immediately and You will in addition pay an administration charge of £100.
4. Telematics
4.1 It is a condition of this Rental Agreement that a telematics tracking device is installed in theHire Vehicle and that it remains in use at all times. The telematics tracking device is owned by Us and is licensed for the purposes of this Rental Agreement and for the theft tracking service.
4.2 If the telematics tracking device is suspected by Us to be defective, We will contact You and make all reasonable endeavours to repair or (at Our option) replace the telematics tracking device.If You suspect the telematics tracking device to be defective for any reason You must notify Us as soon as possible to enable an investigation and, if necessary, a repair or (upon Our confirmation)replacement of the telematics tracking device in the Hire Vehicle.
We reserve the right to replace the telematics tracking device at Our option and expense at anytime with any other telematics tracking device providing You with at least the equivalent functionality. This will ensure the telematics tracking device is updated if there are technological changes or improvements.
4.3 You will not, nor will You permit any other person to tamper with, dismantle, remove SIM, relocate or make any alterations, additions or improvements to any part of the telematics tracking device. Please note that any altering or tampering with the telematics tracking device will invalidate the Rental Agreement, and the Rental Agreement may be cancelled.
5. Miscellaneous
5.1 If there is dispute between You and Us relating to this agreement which cannot be resolved, it may be referred to arbitration if You agree. The arbitrator shall be an independent lawyer chosen jointly by You and Us. If the Parties are unable to agree on the identity of the arbitrator, the arbitrator shall be chosen by the Chairman of the General Council of the Bar of England & Wales.The costs of the arbitration will be paid by the loser or otherwise as the arbitrator determines.
5.2 This agreement is governed by the law of England and, subject to clause 5.1, the courts ofEngland and Wales have exclusive jurisdiction to determine any dispute relating to it.
5.3 If any part of this agreement is found to be unenforceable, and the remainder of this agreement shall continue in full force and effect unimpaired by such severance.
5.4 Headings are explanatory only and do not form part of this agreement. References to any statute or statutory provision include a reference to that statute provision as from time to time amended, extended or re-enacted.
5.5 This agreement may not be amended or varied, and no provision of it may be waived without the written consent of the Parties, and it is agreed that this requirement for written consent is incapable of waiver, and that any purported waiver shall be without legal effect.
5.6 For the purposes of Data Protection Legislation You authorise Us or any of Our subsidiaries to hold and process by computer or otherwise the information given to Us by You to identify other products or services which might be relevant, and for statistical analysis.
5.7 Subject to clause 5.11 below, Our maximum aggregate liability to You for any and all claims arising out of or in connection with this Rental Agreement shall in no event exceed £10,000.
5.8 Nothing in this Rental Agreement excludes or restricts Our liability to You for death or personal injury caused by Our negligence, for fraud and fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
5.9 Notwithstanding clause 5.10 above, We shall not be liable for:
5.9.1 indirect losses which happen as a side effect of the main loss or damage and which are not reasonably foreseeable by either of the Parties at the time of entering into this Rental Agreement(such as loss of profits, income or loss of opportunity);
5.9.2 losses not caused by Our breach; or
5.9.3 failure or delay in performing any or all of Our obligations under this Rental Agreement, where such failure is caused, directly or indirectly, by events beyond Our reasonable control (including, but not limited to, network failure, fire, flood, earthquake, acts of God, war, invasion, act of foreign enemy, hostilities (regardless of whether or not war has been declared), civil war, rebellion, revolution, or military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property or under the order of any government or public or local.
6. Insurance
6.1 Subject to You meeting the insurance eligibility criteria and Your eligibility criteria being accepted by Us, You are insured upon and subject to the terms and conditions of the policy of insurance held by Us in respect of the Hire Vehicle and its use against liabilities to third Parties including passengers for whom there are permanently fixed seats. A copy of the policy shall be made available to You by us upon execution of this Rental Agreement.
6.2 in respect of each and every incident resulting in damage to the Hire Vehicle You shall forthwith upon demand pay to Us the appropriate excess on such insurance towards or in settlement of the cost of making good any such damage on a full indemnity basis and the cost and expenses incurred by Us in proceeding to recover the same from any Third Party. In the event that We receive from any Third Party any part of the amount of such costs and provided You have performed Your obligations hereunder We shall repay to You the like part of such excess.
7. In Case of Accident
7.1 You shall in the event of an incident that results in damage to or theft of the Hire Vehicle ensure that
7.1.1 The insurers are forthwith notified ay Your earliest opportunity thereof and that such notice is confirmed to Us immediately and in any event within 24 hours of the accident.
7.1.2 You complete and deliver to Us the relevant accident report within 24 hours of the accident.
7.1.3 No admission of liability is made to any person in relation to the accident.
7.1.4 Any Claim form, summons or other document relating to any proceedings arising out of the accident is immediately delivered to the Us at the address at the top of page 1.
7.1.5 All assistance is rendered to Us and the insurers in the conduct of such proceedings, including without prejudice to generally permitting such proceedings to be brought by Us or the insurers in Your name and defending any proceedings brought against You.
7.1.6 You shall forthwith upon demand fully and effectually indemnify Us against all losses, liabilities, costs, actions, Claims or demands which We may incur or have brought or made against Us in relation to the Hire Vehicle whether or not covered by a policy of insurance, and whether or not the insurance is effected by the Us or You.
7.1.7 The names and addresses of all witnesses thereto are collected and given to Us.
7.2 In the event of damage to or theft of the Hire Vehicle, You must comply with Our instructions(and/or the instructions of the insurers of the Hire Vehicle). You must provide all reasonable co-operation and assistance to the insurer and Us as to the conduct of any claim.
7.3 You are obliged to follow Our instructions in relation to having the Hire Vehicle repaired, by making it available to Us at a time of Our choosing.
7.4 You must provide all reasonable co-operation and assistance to Us in relation to the conduct of any claim;
7.5 You must continue to pay the Hire Charges under this Rental Agreement until theAgreement Hire End Date (and for any further period after the Agreement Hire End Date while the Hire Vehicle is in fact under repair and/or otherwise not available for use.
7.6 You will have no right under this Rental Agreement to receive a replacement courtesy vehicle from Us while the Hire Vehicle is under repair or otherwise unavailable to You.
8. Your Promise of Indemnity
8.1 Upon demand from Us, You will defend, indemnify and hold Us harmless from all losses, liabilities, damages, injuries, Claims, demands, costs and expenses incurred by Us in any manner from this transaction or from the Use or operation of the Hire Vehicle by any party, including Claims of or liabilities to third Parties, and (without derogating from Your personal liability to indemnify Us) You agree to present a Claim to the insurer for all such expenses.
9. Rental Charges, Additional Charges, Penalties, Tolls and Other Charges
9.1 We retain the right to seize or collect outstanding payments and charges via the use of theCounty Courts and/or third-party debt collection agencies if You are unable or unwilling to pay for such debts. We may also repossess the Hire Vehicle if the You are in breach of the terms of this Rental Agreement.
9.2 You are required to and consent to pay the Hire Charges by way of Continuous PaymentAuthority every 7 days during the Rental Period.
9.3 You are required to and consent to pay the deposit as specified in this agreement prior to the start of the Rental Period.
9.4 You must pay the Hire Charges at the rate and on the dates specified in the RentalAgreement, and shall be liable for the following charges and pay them on demand (including when such charges are in excess of any deposit provided by You) during the Rental Period:
9.4.1 all charges which are payable after the discovery of damage following re-inspection of theHire Vehicle when returned by You to Us;
9.4.2 all charges, Fines and court costs including congestion charges, parking, traffic, speeding or other offences, and any civil penalty payable relating to the Hire Vehicle (“Fines”) and any tolls, fees or charges including toll road fees, and the London Congestion Charge (“Tolls”). You must also pay to the appropriate authority any Fines, Tolls and costs if and when the relevant authority demands this payment, and acknowledges that such obligations may be communicated to You directly, through Us or the relevant authority;
9.4.3 value added tax and all other taxes and levies on any of the Fines, Tolls and charges, as appropriate including a £20 administration fee charged by Us for each Fine, Toll or charge thatYou incur during the Rental Period;
9.4.4 Any and all fines that You are responsible for that We cannot successfully transfer liability to You for with the relevant authorities, along with any and all administration fees relating to such penalties, tolls or other charges will be debited at the same time as Your next weekly rental payment that we will collect on a Continuous Payment Authority basis.
9.4.5 any reasonably incurred, foreseeable losses, costs and charges resulting from the breach by You of this Rental Agreement (such losses being foreseeable where they are contemplated by Us and You at the time this Rental Agreement is entered into);
9.4.6 any other charges arising under this Rental Agreement;
9.4.7 any charges in relation to the repossession of the Hire Vehicle, including, without limitation, third party agent costs, transportation required for the repossession of the Hire Vehicle, legal proceedings in relation to the repossession of the Hire Vehicle and any other costs, charges and expenses in relation to or in connection with the breach of the Terms of this Rental Agreement by You.
9.5 For the avoidance of doubt, You shall be liable for any Fines, Tolls and other charges, issued by public authorities or private parking companies, incurred during the Rental Period even if such Fines, Tolls and other charges are not discovered until after the end of the Rental Period.
9.6 It is Your responsibility to pay the relevant authorities directly for any Fines, Tolls and other charges that the Hire Vehicle or You incur during the Rental Period.
9.7 You acknowledge and agree that We may pass on Your details to the police or relevant authority, who may then contact You directly. We are not liable for any escalation in value of aFine, Toll or charge as a result of it being delivered to an out-of-date address. It is Your responsibility to inform Us of any change of address so that Fines may be delivered to You insufficient time to prevent escalation. In the event that We incur a fine, charge or admin fee levied by a third party as a result of the Your incurring of a Fine, charge or admin fee, We retain the right to charge the cost of such a fine, charge or admin fee to You. In the event that You do not pay the Fines, Tolls or other charges, We may pay such Fines, Tolls or other charges and then reclaim such Fines, Tolls or other charges from You if it would be in Our interests to do so, including, without limitation, where the Hire Vehicle may be at risk and/or there may be other enforcement in relation to unpaid Fines, Tolls or other charges.
9.8 A £100 administration fee is payable should it become necessary to issue proceedings againstYou to recover any payments which may be outstanding under the terms of this agreement.
9.9 Smoking as defined by the “Health Act 2006” is prohibited in the Hire Vehicle and any evidence of smoking in the Hire Vehicle will incur a valet charge of £75.00
9.10 You hereby authorise Us to collect any amounts for which You are liable under this RentalAgreement by charging a debit card, the details of which have been provided to Us by You.You shall only provide Us with debit card details for an account which belongs to You and from which You are authorised to make payments. We will inform You in advance of any charges that are collected in this manner. Charges that may be collected in this matter include, but are not limited to, when a Penalty Charge Notice is received, or when the Hire Vehicle has been subject to damage during the Rental Period
10. Cancellation, Default and Termination
For the avoidance of doubt, the Rental Agreement and Rental Period ends only with Your return of the Hire Vehicle to Us.
10.1 From the point of receiving the Hire Vehicle, You have the right, for up to 72 hours, to cancel the booking with no penalty charges. You however may be responsible for any reasonable costs associated with the early termination of the agreement.
10.2 You may also elect to cancel the Rental Agreement prior to picking up the Hire Vehicle (if outside of a 14-day cooling off period. How much of a refund You receive when cancelling a RentalAgreement depends on how far in advance of the Rental Agreement Hire Start Date (specified in the Rental Agreement) You elect to cancel the Rental Agreement. If You elect to cancel the RentalAgreement;
10.2.1 at least 72 hours before the Rental Agreement Hire Start Date, You can cancel the RentalAgreement without charge. All of the fees paid in advance by You will be refunded, as will the deposit (refunds can take up to 10 working days to appear in Your bank account);
10.2.2 less than 72 hours prior to the Rental Agreement Hire Start Date but more than 24 hours prior to the Rental Agreement Hire Start Date, the deposit shall be refunded. If You have already paid the first weeks Rental Agreement fees in advance, this shall be returned to You save for 50%of the weekly Rental Agreement rate which shall be retained by Us as a cancellation charge.
10.2.3 less than 24 hours prior to the Rental Agreement Hire Start Date, the Rental Agreement shall be cancelled, and You will be refunded the deposit but will not be entitled to any refund of the first prorated 7 days equivalent of the Rental Agreement rate.
10.3 In order to terminate a Rental Agreement early, You must pay to Us a cancellation fee. The cancellation fee due will be 20% of outstanding weekly payments or 4 week’s total payment -whichever is higher. This cancellation fee must be paid before the cancellation can be confirmed and before We can arrange collection of the vehicle.
10.4 We may cancel a Rental Agreement where reasonably required (for example, if an unforeseenHire Vehicle fault arises) by notifying You at any point prior to You collecting the Hire Vehicle (or having the Hire Vehicle delivered to You, as the parties may agree), and any overpayments in relation to the Rental Agreement fees, deposit and other amounts paid shall be refunded in full toYou.
10.5 More than 72 hours after the Rental Agreement start date, should you wish to terminate theRental Agreement, you are obliged to provide Us with 7 days’ notice during which You will be liable for all contracted charges.
10.6 If We attempt to collect the Hire Vehicle from the You on the Rental Agreement Hire End Date, but are unable to do so due to Your fault, You shall be liable to pay the daily rate for any additional time for which You use the Hire Vehicle. This shall be calculated using the Weekly RentalAgreement rate included in the Rental Agreement
10.7 We may terminate this Rental Agreement if any of the following occur:
10.7.1 You fail to pay any Rental Agreement fees, Fines, tolls, charges or any other amount due under this Agreement on the date when it becomes due;
10.7.2 You breach Your obligations under the Terms of the Rental Agreement
10.7.3 You are no longer in possession or control of the Hire Vehicle;
10.7.4 You become bankrupt or enter into any arrangement or composition with creditors;
10.7.5 You receive endorsements or convictions on Your driving licence during the RentalAgreement term which are unacceptable to Us;
10.7.6 We deem Your driving practices recorded on the telematics device in the Hire Vehicle unsatisfactory.
10.7.7 any information supplied by You to Us in connection with this Rental Agreement is inaccurate or misleading in any material way.
10.8 Upon early termination of this Agreement, You shall immediately be liable for (a) any arrears of Rental Agreement fees and other amounts due and payable at the time (including for the avoidance of doubt any Fines, tolls, and other charges) (b) Rental Agreement fees for the remainder of the Rental Agreement term and (c) any other amounts which may become due and payable under this Rental Agreement.
10.9 Upon expiry of the Rental Agreement term or early termination of this Rental Agreement for any reason, Your right to use the Hire Vehicle will cease and the Hire Vehicle must immediately be returned to Us or such location as We direct. Upon expiry of the Rental Agreement term or early termination of this Rental Agreement for any reason, motor insurance will only be valid and in force during the journey for which You are returning the Hire Vehicle to Us or such location as We direct,You will not be insured to drive the Hire Vehicle in any other circumstances. We may repossess the Hire Vehicle immediately if You fail to return the Hire Vehicle and you shall indemnify us in relation to any loss and damage resulting from the repossession of the Hire Vehicle without prejudice to Our other rights and remedies under the terms of this Rental Agreement.
10.10 If You fail to return the Hire Vehicle to Us by the Rental Agreement Hire End Date or on earlier termination as required (the “Delay”), You shall be liable for an overdue fee of £100 for each day of the Delay that the Hire Vehicle is not returned in accordance with clause 10.7 above. You will remain responsible for all Your obligations for the full duration of the Delay.
Vehicles can be collected on the same day provided the first week’s rent and deposit have been paid and your driver account has been approved. Collections must be made before 4pm subject to availability.