Terms & Conditions
Brookhire Vehicle Hire Worcestershire & West Midlands
Using Lessor’s Insurance
- This contract is subject to and is deemed to include the terms, conditions and limitations of the Lessors insurance policy, a copy of which may be inspected at the offices of the Lessor.
- Any vehicle hired under this Agreement may only be driven by the person signing the Agreement and by and additional authorised drivers who have had a completed insurance Proposal Form accepted by the Lessor.
- The Hirer agrees to pay insurance charges on the Lessor’s current tariff and, the cost of any collision damage repair of any repair or malicious damage, up to the amount of the Excess or as shown overleaf.
- Even though it may be covered by the Lessor’s insurance, the Hirer shall be liable to pay the cost of repair of any damage that the vehicle may suffer as the result of the wilful action of the Hirer any servant or agent of the Hirer.
- In the event of the actions of the Hirer being proven negligent the Hirer shall be responsible for any loss of use costs incurred whilst the vehicle in a non-roadworthy condition.
- In the event that we supply a vehicle with towing facilities, under no circumstances will our insurance cover any item or load being towed.
Using Hirer’s Insurance
- The Hirer undertakes to insure the vehicle until it is returned to the Lessor in its full value against loss of damage (including windscreen damage) by accident, fire or theft under a comprehensive policy of insurance with an insurance office of repute to be approved by the Lessor. The Hirer shall at the Lessor’s request supply full details to the lessor and instruct the insurers that the Lessor’s name shall be indorsed on the policy.
- The Hirer shall not use or permit the vehicle to be used in contravention of the terms and conditions of the policy.
- The Hirer shall procure that any compensation und the said insurance is paid directly to the Lessor, and shall be liable to compensate the Lessor for any loss or damage suffered by the Lessor in excess of the monies (if any) paid to the Lessor by the Hirers insurers.
- The Hirer shall be bound by the terms and conditions stated herein after.
- The Hirer shall be responsible for any loss of use costs uncured whilst the vehicle is in non-roadworthy condition.
- Where the person signing this Agreement on behalf of the Hirer is no the Hirer, he warrants that he/she is authorised to sign for the Hirer and is jointly and severally liable with the Hirer under this agreement
- Neither the Hirer, nor any servant or agent of the Hirer nor any authorised driver is, or may hold himself out to be, the servant or agent of the Lessor for any purpose whatsoever.
- The total rental period under this agreement may not exceed three months.
- The Lessor is not liable for loss or damage to any property stored or transported in or on the vehicle or trailer nor does the Lessor accept responsibility for any property left in or on the vehicle when it returns to the Lessor’s possession. The Hirer will identify the Lessor against any claims relation to any such property.
- The vehicle may not without prior written consent of the Lessor be removed from the territory in which it was hired, the said territories being – The mainland of England. Wales and Scotland.
- The vehicle may not without prior written consent of the Lessor be used to propel or tow any other vehicle or trailer.
- The vehicle must not be driven in a manner which would render void the policy or other contract of Insurance, or in contravention of any Road Traffic Act or Construction and Use Regulations, or by any person who is not licenced to drive the vehicle or who is under the influence of alcohol or drugs, nor must it be driven in the event of mechanical, electrical or structural failure or damage.
- It is a breach of the Agreement for the Hirer to fail to return the vehicle to the Lessor at the end of the rental period, and the damages payable for such breech will be the rental charges that would be payable on the Lessor’s current tariff for the period until the Lessor recovers the vehicle or receives the full value thereof, plus any costs recovering the vehicle.
- The Hirer is not authorised to effect repairs to the vehicle costing more than £100 without the lessor’s prior consent. Save to the extent that there may be an Excess on the Lessor’s insurance that the Hirer is obliged to pay, the Lessor will refund to the Hirer the cost of any necessary repairs not exceeding £100 (or more if the Lessor’s consent had been obtained) on production of a V.A.T Receipt and any parts replaced.
- If the Hirer commits any breach of this agreement, the Lessor may treat the Agreement as terminated and take possession of the vehicle.
- The Hirer shall be liable as owner of the vehicle in respect of –
- Any fixed penalty offences committed in respect of that vehicle under Part 111 of the Road Traffic Offenders Act 1988 as amended, replaced or extended by and subsequent legislation or orders and any such offences committed under the equivalent legislation applicable to Scotland
- Any excess charge which may be incurred in the respect of the vehicle in pursuance of an Order under section 45 and 46 of the Road Traffic Regulation Act 1984, and amended, replaced or extended by and subsequent legislation or orders and under the equivalent legislation applicable to Scotland.
- Any financial penalty or charge which may be demanded by any person, corporation or authority as a result of the vehicle having been park unpon land which is not a public road.
- There will be a £50.00 administration charge for any unpaid parking tickets or Statuary fines.
- The Hirer is Obliged :-
- TO pay on the Lessor’s current tariff for rental and fuel, to pay for any accessories, tyres, tools, equipment lost, stolen or damaged, to pay the Lessor’s costs of recovering the vehicle in the event that the Hirer fails to return it to the Lessor, to pay any penalties, fines or court costs incurrend in the use of the vehicle before it is returned to the Lessor and which the Lessor is obliged to pay (save when caused by the fault of the Lessor) and to pay V.A.T where appropriate at the current rate.
- To ensure that correct tyre pressures, engine oil level, battery fluid level, screen wash levels, coolant levels and automatic transmission levels (where fitted) are maintained throughout the period of rental.
- To ensure the vehicle is always locked when unattended, and to take all reasonable steps to prevent loss or damage to the vehicle, or it’s tyres, tool accessories, equipment or contents.
- To inform the Lessor immediately is the vehicle suffers any damage or loss, develops any fault or requires any servicing, any permit the Lessor to carry out any essential repairs or servicing at an agreed time or place.
- To return the vehicle together with its accessories, tyres, tool and equipment to the Lessor and the place specified overleaf at or before the end of the rental period or on the earlier termination of this Agreement in the condition prevailing at commencement of the rental, clean and tidy (traffic grime excepted.)
- The Hirer hereby indemnifies the Lessor for the consequential losses arising from the transportation of any contraband or illegal immigrants into the United Kingdom.
- In the event the vehicle being seized by Customs the Hirer remains responsible for the Customs release fee (currently £500.00) together with all costs incurred in recovering the vehicle back to BrookhireMalvern and all rental charges at full tariff up until the vehicle is re-available for hire and head office.
- In the event of a cheque being returned for any reason, you agree to pay us £20.00 on each and every occasion. We also reserve the right to accept payment by chque for any future hires.
- The lessor is obliged –
- To take all reasonable steps to provide the Hirer with a well maintained vehicle, in a clean and tidy condition.
- When informed of a breakdown by the Hirer, to see that the necessary repairs are carried out promptly if possible, or make suitable alternative arrangements for termination or continuation of the hire.
- The Hirer shall be responsible to any damage caused by flood water.
- The hirer shall be responsible for any costs incurred to the vehicle running out of fuel or using incorrect type of fuel for the vehicle, any damage to wheels and tyres, above cab damage on high vehicles and all glass damage.
Fixed Penalties etc
Obligations of the Hirer:-
Obligations of the Lessor.
30/90 DAY CLAUSE
The period of rental covered by this contract should not exceed one month (30 Days), but can be re-signed and extended although for any one vehicle should not exceed three months (90 Days)/
ACCESS TO VEHICLE ON DEFAULT
On termination of the Hire however or whensoever occasioned or on expiry of the hire period the Hirer shall no longer be in possession of the Vehicle with the lessor’s consent and sall forthwith return the vehicle (including all spare wheels, tyres tools, handbooks and accessories) to the lessor at such address and the Lessor may direct in good order and in good working condition and at the Hirer’s expense and risk. Without a prejudice to the foregoing or to the Hirer’s claim for any arrears of tariff charges or other payments due to damages for any breach by the Hirer of this Agreement or any other rights hereunder the Lessor or its authorised representatives may at any time after such termination or expiry of the period of hire, without notice, retake possession of the Vehicle and for such purpose enter upon any premises belonging to or in the occupation or control of the Hirer and the Hirer shall be responsible for all costs, charges and expenses so incurred in retaking possession of the Vehicle as foresaid.
WEBSITE TERMS AND CONDITIONS
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