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1 The Hirer is the company or person specified in the Rental Agreement. When you sign the Rental Agreement you accept the conditions set out in it. The Lessor is Apex Car Rental (Norwich) Ltd.
2 If the Hirer has indicated overleaf that he wishes the Lessor to provide insurance then the following provisions will apply:
(a) This agreement is subject to and is deemed to include the terms and conditions and limitations of the Lessor's insurance policy, a copy of which may be inspected at the Lessor's office. IMPORTANT - In the event the vehicle is stolen WITH THE KEYS the Lessor’s insurance will be invalid and the Hirer will be responsible for the full market value of the vehicle.
(b) Any vehicle hired under this agreement may only be driven by the Hirer or by the person signing the agreement on behalf of the Hirer or by any additional authorised drivers who have had a completed insurance proposal form accepted by the Lessor.
(c) The Hirer agrees to pay the insurance charges on the Lessor's current tariff plus any waiver charge for reducing or removing the insurance excess as initialled and the excess as shown overleaf.
(d) Even though it may be covered by the Lessor's insurance, the Hirer shall be liable to pay the cost of any repair which the vehicle may suffer as the result of the wilful action of the Hirer or any agent or servant of the Hirer.
(e) The Hirer will compensate the Lessor for any loss (whether direct, indirect or consequential) which it may suffer as a result of any act or omission on the part of the Hirer or his servant or agent.
3 If the Hirer has indicated overleaf that he wishes to provide his own insurance then the following provisions will apply: –
(a) The Hirer's responsibility shall be to insure the vehicle until it is returned to the Lessor in its full value against loss or damage (including windscreen damage) by accident, fire or theft under a comprehensive policy of insurance with an insurance office of repute. The Hirer shall at the Lessor's request supply full details of this insurance cover to the Lessor and authorises the Lessor to initiate claims under its insurance policy as agent.
(b) The Hirer shall not use or permit the vehicle to be used in contravention of the terms and conditions of the policy, and shall procure that any compensation under the said insurance is paid directly to the Lessor.
(c) If the Hirer shall effect insurance which is not comprehensive or if for any other reason the amount paid by the Hirer's insurance shall be less than the loss or damage (whether direct, indirect or consequential) suffered by the Lessor then the Hirer shall pay the Lessor the difference.
(d) The Hirer shall be liable to pay a loss of use charge if the Lessor cannot rent out the vehicle because it needs to be repaired or because it has been written off by an insurer or stolen and the Lessor is waiting to receive full payment of the vehicle’s value.
(e) The Hirer will complete the Lessor’s Insurance Indemnity Form and supply a copy of the Hirer’s current insurance certificate for the Lessor to hold on file and will notify the Lessor immediately if there are any changes to the Hirer’s insurance.
(f) The Hirer will report immediately to the Lessor any damage sustained by the vehicle and repairs will be organised through a repairer approved by the Lessor. The Hirer shall be liable to pay for any costs relating to an accident including recovery charges and road repairs and will pay the Lessor on demand the value of any uninsured losses.
4 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 whatever.
5 The Rental Period under this agreement shall be from the Date Out recorded in the Rental Agreement until the Date Due Back recorded in the Rental Agreement or any later date agreed with the Lessor unless:
(a) The Hirer shall for any reason terminate this agreement before the Date Due Back, or
(b) The Lessor shall terminate this agreement before the Date Due Back by reason of any breach by the Hirer of any term hereof, or
(c) The Lessor shall for any other reason call for the return of the vehicle before the Date Due Back,
in any of which events the Hirer shall forthwith return the vehicle. If the Hirer is a consumer for the purposes of the Consumer Credit Act 1974 (as amended) (including an individual, a partnership consisting of two or three persons or an unincorporated body), the total rental period (including any extensions or renewals) under this agreement shall in no circumstances extend beyond three months from the Date Out shown on the agreement.
6 (a) It is a breach of this 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 breach (in addition to any damages payable in respect of any other breach) will be the charges which would have been payable on the Lessor's current tariff for the period until the Lessor recovers the vehicle or receives the full value thereof.
(b) If the vehicle is returned outside business hours the Hirer will remain responsible for the vehicle and its condition until it is re-inspected by the Lessor.
7 The Lessor is not liable for the loss of or damage to any property stored or transported in or on the vehicle, 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 indemnify the Lessor against any claims relating to any such property.
8 The Hirer will ensure that the vehicle will not:
(a) Without the Lessor's prior written consent be taken outside the territory comprising England, Wales, Scotland, Northern Ireland and any British Isle on which the hiring commenced.
(b) Without the Lessor's prior written consent be used to propel or tow any other vehicle or trailer.
(c) Be used for the carriage of passengers for hire or reward or for driving tuition unless the Hirer shall have obtained the Lessor's prior written consent and shall in addition have provided his own insurance in accordance with clause 3.
(d) Be used for any unlawful purpose or for racing, pace-making, competitions or speed testing, or in any unlawful manner.
(e) Be used in any such a manner that it is overloaded (whether in total or in respect of any axle or other part) or is carrying more passengers or goods than it was designed to carry or may lawfully carry.
(f) Be driven in a manner which would render void the policy or other contract of insurance, or in contravention of any Road Traffic legislation or Construction and Use Regulation, or by any person who is not licensed 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, if further damage might thereby be caused.
(g) Be altered or added to in any manner.
(h) Be driven by a famous person without the Lessor’s prior written consent in order to maintain insurance cover.
9 (a) The Hirer is not authorised to effect any repairs to the vehicle costing more than £25 without the Lessor's prior written consent. Save to the extent that the cost of the repair is a cost which the Hirer is obliged to pay, the Lessor will refund to the Hirer the cost of necessary repairs not exceeding £25.00 (or more if the Lessor's consent had been obtained) on a production of a VAT receipt made out to the Lessor and any parts replaced.
(b) The Hirer is responsible for the cost of repairing any damage which was not present at the start of the rental whether the Hirer was at fault or not.
(c) The Hirer is responsible for all charges and the Hirer agrees that the Lessor is authorised to debit the Hirer's account, credit card, or debit card for all sums due in relation to these charges as they fall due for payment, including fines under paragraph 12 and the Lessor's administration costs if appropriate. If any payment due under this agreement remains unpaid for more than 48 hours after it becomes due the Hirer will pay an administration fee in accordance with the Lessor’s tariff and the Lessor’s consent to use the vehicle will be withdrawn.
10 If the Hirer commits any breach of this agreement the Lessor may treat the agreement as terminated and take possession of the vehicle, and the Hirer authorises the Lessor to enter upon his property for such purpose.
11 The Hirer shall be liable as owner of the vehicle in respect of:
(a) Any fixed penalty offence committed in respect of that vehicle under Part III of the Road Traffic Offenders Act 1988 or the Road Traffic Act 1991, as amended, replaced or extended by any subsequent legislation or orders and any such offence committed under the equivalent or similar legislation applicable in any place where the vehicle is used.
(b) Any excess charge which may be incurred in respect of the vehicle in pursuance of an order under section 45 and 46 of the Road Traffic Regulation Act 1984, or the Road Traffic Act 1991, as amended, replaced or extended by any subsequent legislation or orders and under the equivalent or similar legislation applicable in any place where the vehicle is used.
(c) Any financial penalty or charge which may be demanded by any person, corporation or authority as a result of the vehicle having been parked or left upon land which is not a public road.
(d) When a Rental Period has been terminated and, by agreement with the Lessor, the vehicle has not been returned to the Lessor’s premises, any parking and/or towing charges incurred up until the time that the Lessor has agreed is the latest date and time when the vehicle is expected to be collected.
For any occasion when the Lessor is involved in any correspondence with the Hirer or a third party as a result of any offence, charge or demand for which the Hirer is responsible under this clause 11, the Hirer will pay an administration fee in accordance with the Lessor’s tariff.
12 The Hirer is obliged: –
(a) To pay on the Lessor's current tariff for the rental and any fuel used including during delivery and collection; to pay for any accessories, tyres, tools or equipment lost, stolen or damaged; to pay the Lessor's cost of recovering the vehicle in the event that the Hirer fails to return it to the Lessor in accordance with clause 12 (g); to pay any penalties, fines and court costs incurred 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 or excepted by clause 11 (d)); and to pay VAT where appropriate at the current rate. Unless an arrangement for credit has been agreed in writing between the Hirer and the Lessor then all charges for rental and any applicable deposits are due for payment before the commencement of the Rental Period or any extension thereto and all other payments are due on demand.
(b) To safeguard the Lessor's interests in the event of any accident involving the vehicle, by obtaining the names and addresses of all relevant drivers and witnesses, securing the vehicle, and where appropriate notifying the police.
(c) To ensure the correct tyre pressures and condition, engine oil level, battery fluid level, screen wash level, coolant levels and automatic transmission oil level (where fitted) are maintained while the vehicle is in the Hirer’s possession or control.
(d) To ensure that an adequate level of any required fuel additive is maintained and that the vehicle is only fuelled with the correct fuel type.
(e) To ensure that the vehicle is always locked when unattended, and to take all reasonable steps to prevent loss or damage to the vehicle, or its tyres, tools, accessories, equipment or contents.
(f) To inform the Lessor immediately if the vehicle suffers any damage or loss, develops any fault or requires any servicing, and permit the Lessor to carry out any essential repairs or servicing.
(g) To return the vehicle (together with all its accessories, tyres, tools and equipment) during the Lessor's business hours to a representative of the Lessor and to the place from which the vehicle was hired unless a different place is specified overleaf, at or before the end of the Rental Period or on the earlier termination of this agreement, in the condition prevailing at the commencement of the rental (fair wear and tear excepted), clean and tidy (traffic grime excepted).
13 The Lessor is obliged: –
(a) To take all responsible steps to provide the Hirer with a well maintained vehicle, but shall not be liable for any direct, indirect or consequential loss caused by any breach of this or any other obligation of the Lessor hereunder, other than liability for personal injury or death arising from the Lessor's negligence.
(b) When informed of a breakdown by the Hirer, to see that the necessary repairs are carried out promptly, if possible.
14 The Hirer acknowledges: –
(a) That this agreement is not assignable by him.
(b) That this document (together with any agreed attachment hereto) contains the entire understanding between the parties and that no addition to or alteration of the terms shall be valid unless made in writing and signed by a duly authorised officer of the Lessor.
(c) That he is not entering into this agreement on the basis of any warranty or representation by the Lessor.
(d) That the failure by the Lessor to enforce any terms of this agreement shall not be construed as a waiver of its rights hereunder.
(e) That the Lessor may at his discretion and at any time during a Rental Period exchange the hired vehicle for another vehicle and that the replacement vehicle supplied may be a different model.