Vanfirm COI Business Hire -Terms & Conditions

Terms and Conditions of Rental for HGVD Ltd trading as Vanfirm

Introduction & Definitions

This is a Rental Agreement setting out terms and conditions of trading between HGVD Ltd Registered Office: HGVD Ltd 102 Chester Road, Birmingham B36 OAL, Registered Number HGVD LTD-12746520 and you the Hirer.

 

1 Definitions

Booking: means your request to hire a Vehicle, Optional Extras and products from us.

Business Customer: means a business, firm, partnership, limited liability partnership, sole trader or limited company that has a corporate hire agreement with us.

Business Hours: means the hours during which the branch location to which the Vehicle is to be collected and returned is open and each opening hour shall be a “Business Hour”.

Conditions: these terms and conditions which we reserve the right to amend from time to time. By entering into this Contract on the existing terms you are also irrevocably acknowledging that you agree to such further amendments may be made from time to time.

Contract: The Contract is made up of the following documents (a) the Rental Agreement (b) these Conditions; and (c) the Vehicle Check Sheet summary.

Delivery and Collection Service: means the delivery of the Vehicle by us, or on our behalf to a location we agree with you and the collection of the Vehicle by us or on our behalf at the end of the Rental Period as specified in the Booking or Reservation.

Delivery Window: means the period two hours before the stated delivery and collection times.

Deposit: has the meaning provided in clauses 4.4 and 4.5.

Driver: means the Hirer or any named Driver referred to as an Additional Driver as detailed on the Rental Agreement.

Hirer: means the person or entity named on the Rental Agreement.

Opening Hours: means the opening hours of the branch location.

Optional Extras: those items selected by you at the time of Booking or on collection of the Vehicle.

Optional Extra Fees: means the fees for hiring the Optional Extras from us, as set out in the Rental Agreement.

Pre-Paid Amount: means the sum paid by you at the time of placing a booking, as specified by us, towards the hire of the Vehicle.

Rental Agreement: the agreement setting out the particulars of the Vehicle you hire from us and to which these Conditions apply.

Rental Requirements: means criteria set out throughout this agreement.

Rental Fees: means our charges payable by you for the hire of the Vehicle including, any fees for Optional Extras, products, Premium Location, Additional Drivers and other fees specified in the Rental Agreement.

Rental Period: is the period from pick up/delivery start date and time and ends on the indicated date and time as shown on the Rental Agreement plus any extension period agreed by Us (both dates being inclusive and chargeable).

Required Documents means for UK Residents: a full driving licence valid for the entire Rental Period, Bank statement/Utility bill dated in the last 3 months matching the licence address. For non UK Residents: a full driving licence valid for the entire rental period, ID card valid for a period of at least 3 months beyond the entire rental period. Valid passport (with no visa exemptions for the period of 6 months before the end of the Rental Period).

Reservation: means your reservation of a Vehicle from a Vehicle Group for the Rental Period specified by you and a reservation confirmation has been issued by us.

Vehicle: means the car, van, minibus or truck that you have agreed to rent from us for the Rental period, as set out in the Rental Agreement (or any replacement that we provide). This includes its keys and all parts, accessories and documents present on handover.

Vehicle Group: means a selection of vehicles with similar characteristics as we determine in our sole discretion from time to time.

We/us/our: HGVD Ltd, registered in England and Wales with company registration number (add number).

You/your: means the person or Business Customer that rents the Vehicle from us and is named on the Rental Agreement (the Hirer).

2 Basis of contract

2.1 The contract is only formed when we allow you to take possession of the keys to the vehicle and you provide the Required Documents, a valid deposit and payment card approval has been made on your payment card, you have agreed the Vehicle Condition Report and we

Vehicle are satisfied that you meet our Rental Criteria and these conditions.

2.2 At the point you complete your Reservation, we will use all reasonable efforts to provide a vehicle from the Vehicle Group selected available for the Rental Period. In the event that we are unable to provide a vehicle from that particular Group, we will provide you with an alternative vehicle of similar specification. You agree that

a) Until the Contract is formed as specified in clause 2.1 above, our only obligation to you is in respect of the reservation.

b) You will be bound by the full Rental Agreement and these Conditions, if and when the Contract is formed with us.

Your Responsibilities

2.3 By taking possession of the keys to the vehicle, you:

a) accept the terms of the Rental Agreement;

b) accept these Conditions; and

c) agree with the vehicle condition summary set out in the Rental Agreement.

d) agree it is your responsibility to ensure that any Additional Drivers are aware of and comply with the terms of this Contract.

2.4 By entering into the Contract, you agree to:

a) rent the vehicle, including any replacement vehicles and Optional Extras for the Rental Period;

b) pay the Rental Fees and other fees set out in the Rental Agreement including those for any Additional Drivers; and

c) pay relevant administration charges, fees, recovery, theft and damage charges, incorrect fuel filling and draining, toll charges, parking, traffic or other fines or charges, reasonable court costs and/or any other reasonable charges, in the circumstances set out within these Conditions and you irrevocably agree to indemnify us in full for any costs, payments made, or due, by is in  event of your failure to pay when demanded any of the above charges to include further penalties, interest, and costs incurred by us to include (non-exhaustively) tracing fees, collection agents, court fees and legal costs and disbursements we incur in the process of debt recovery,  on a full indemnity basis;

d) be responsible for fuel consumption during the rental period and pay for fuel to be topped up to the required level

e) pay a mileage charge (in accordance with our then current rates) if you exceed any mileage limitation set out in the Rental Agreement.

f) pay for any loss, damage or deterioration on the condition of the vehicle (fair, wear and tear accepted) as may be determined in our sole determination by reference to the condition of the vehicle(s) as stated at the commencement of the contract and its condition upon return.

g) it is your responsibility to ensure that any Additional Drivers are aware and comply with the terms of the Contract and you will be vicariously responsible for any breaches by them.

h) pay all sums promptly whenever they become due, during, and at termination of the agreement, including all sums which relate to the Rental Period but are notified afterwards (eg traffic offences or damage) and, in default, agree to pay such further costs and interest that late payments result in.

2.5 Unless otherwise stated, the Rental Fees include the cost of vehicle tax, local taxes, third party liability insurance, daily rental charge, collision damage waiver with excess breakdown assistance and, limited/unlimited mileage (depending on the application rate).

2.6 If you are a Business Customer, by signing the Rental Agreement, you confirm you have the relevant company’s actual authority to enter into the Contract. In the event that there is a conflict between the terms of the Contract and your business’s contractual and/or internal agreements, the terms of the corporate master hire agreement between you and us shall prevail.

3 Cancellation and pre- paid tariffs

3.1 In the event we are unable to provide you with a Vehicle, your sole remedy will be the refund of any Pre-Paid Amount paid by you to us.

3.2 Booking Cancellations may be made without charge up to 3 days prior to the Rental Period. If you do not cancel your Reservation more than 3 days in advance of the start of the Rental Period or fail to show up to collect the Vehicle from the agreed location at the agreed time, we reserve the right to charge the Rental Fees in full if the booking is for less than 3 days and if your Rental Period is for more then three days, then the first three days are non-refundable

4 Deposits and payments

4.1 You must use the original payment card to make any additional payments or pre- authorisations relating to the Reservation.

4.2 We may require a Deposit/approval on your payment card. The amount of the deposit may vary depending on the type of booking, Vehicle Group or the method of payment.

4.3 Before we let you rent a Vehicle, you need to allow us to take a credit card approval or a debit card deposit. You will need to give us an approved payment card that’s in your name and has enough funds available on it to allow us to do so and that has sufficient remaining validity to cover payments up to the end of the stated Hire Period.

4.4 The Deposit/approval amount for credit cards is determined by the vehicle group. The minimum amount will be the rental charge plus the Deposit which is a minimum of £200 and a maximum of £2000 depending on the vehicle group (any changes to these amounts will be notified to you at the time of reservation). The Deposit/approval amount and Rental Fees and any other charges and outstanding amounts due from you will be taken from the Deposit amount or charged to the credit card provided to us, unless you make immediate payment with another form of payment. No interest will be payable upon return of any deposit at the end of the Hire.

4.5 The deposit on a debit card is determined by the vehicle group. The minimum amount will be the rental charge plus the Deposit which is a minimum of £200 and a maximum of £200 depending on vehicle group (any changes to these amounts will  be notified to you at the time of reservation). The Rental Fees and deposit amount will be immediately debited from your bank account and will be held by us until the Rental Agreement is terminated and all Rental Fees and any other charges or outstanding amounts due from you have been paid to us, unless you make immediate payment with another form of payment, no interest will be payable upon return of any deposit at the end of the Hire.

4.6 We accept the following payment cards: All major debit or credit cards except for American Express. We do not accept pre-paid debit cards or Visa Electron cards.

4.7 If you are late making payment, we will charge you, without further notice, interest on the overdue amounts as applicable under the Late Payment of Commercial Debts (Interest) Regulations as amended. We will also charge you for any reasonable costs incurred by us whilst we attempt to recover payment from you (including reasonable legal and debt recovery costs).

4.8 You agree that we can send invoices electronically to the email address which you have provided You are accountable for any malfunctions of the receiving devices or systems to access invoices and to notify us of any change of address and contact details.

5 Rental period termination

5.1 The Rental Agreement terminates when:

a) the Vehicle and applicable Optional Extras are returned, and the Vehicles keys are handed to one of our employees, or where we have provided our prior written authorisation to leave the keys in another secure location; and

b) Vehicle has been inspected and checked by us in accordance with the terms as set out in this rental agreement

6 Extending the Rental Period

6.1 If you wish to extend the Rental Period, you must contact us at the latest 24 hours before the end date and time of your Rental Period.

6.2 We will do our best to assist you to fulfil your request to extend the Rental Period but shall have no obligation to do so whether in respect of retention of the existing vehicle or the supply and provision of a replacement vehicle, agree a new Contract, enable the vehicle to be inspected and possibly exchange the Vehicle. We require additional deposit and a different Rental Fee for the extended Rental Period.

6.3 We will not agree an extension which means that the Rental Period exceeds 89 days. If you require a vehicle for more than 89 days, you must rehire the Vehicle under your existing Contract prior to the expiry of the Rental Period and, you must enter into another Contract with us for that new Rental Period and possible exchange the Vehicle. At our sole discretion we may choose not to enter another contract with you.

 

.4 Where the Rental Period has expired and you have not returned the Vehicle to us within one hour of expiry of the Rental Period, we may repossess the Vehicle. If you fail to return the vehicle and have not extended the Rental Period in accordance with clause 6, then if we do not hear from you for a period of 24 hours concerning the delay in return, we will regard the Vehicle as having been stolen and will report this to the police. Your insurance will be invalid, and you or any driver may be found to be driving the vehicle illegally. We will take all lawful means to recover the Vehicle (which may include repossessing it or applying for a Court Order requiring you to return it and/or pay us an amount equal to the Vehicles market value. If we repossess the Vehicle, you must pay all expenses, costs and disbursement we incur, on a full indemnity basis, to include (non-exhaustively) tracing fees. DVLA fees, collection agents, court fees and legal costs we incur in the process of

repossession. If we have the right to repossess the Vehicle you give us permission to access your premises to do so.

6.5 Subject to Clause 6.4 above, if you fail to extend the Rental Period and you are more than 60 minutes late returning the Vehicle, you will be charged damages to compensate us for the loss of use of the Vehicle (at an equivalent rate of the daily Rental Fee) together with a late return processing fee for each day until the Vehicle is returned to us.

6.6 Please note that your obligations in relation to the Vehicle continues until you return the Vehicle to us, notwithstanding that the Rental Period may have come to an end.

7 Vehicle rental requirements

7.1 You must present the Required Documents. If you cannot meet these requirements, you will not be able to drive the Vehicle.

7.2 All Drivers must have held their licence for at least a minimum period of two years prior to commencement of the Rental Period.

7.3 In addition to your licence, you must provide us with a valid and up to date DVLA licence check code for you and all Additional Drivers Proof of address dated within the last 3 months of the start of the hire, this must be a bank statement or utility bill.

7.4 Hirers and Additional Drivers must meet the following requirements;

a) Drivers must be at least 25 years of age and not more than 75 years of age

b) Drivers of minibuses must be at least 30 years of age and not more than 70 years of age

c) Drivers with more than 6 penalty points on their driving licence will not be permitted to rent vehicles.

d) Drivers who have been banned from driving for a period of 6 months or more as a result CD, DD, DR or UT offence will not be permitted to rent a vehicle from the company for a period of 5 years following the restoration of their licence.

e) Please note that some endorsements on your licence may restrict your ability to drive the Vehicle (even if they are below 6 points)

f) Persons convicted for the motor conviction UT50 will not be permitted to hire vehicles.

7.5 We will not hire vehicles to Hirers or Additional Drivers engaged in the following occupations;

 Entertainers (theatre, TV, film etc), gambling, gaming, night-club operators, Foreign armed forces personnel other than British Armed Forces based in the United Kingdom and aged 25 years and over, Professional sports persons, Couriers/Parcel Delivery Drivers and/or Light Hauliers involved in multidrop deliveries (including fast food establishments, food delivery, wholesale or daily newsagent deliveries) Students

Modelling, General dealers, Street/Market Traders.

7.6 We may refuse to rent to you if we believe you or any Additional Driver is under the influence of drink or drugs or if you or anyone in your party is in our reasonable opinion, abusive, threatening or violent towards any one of our staff members. If we are unable to rent a Vehicle to you for any of the reasons set out in this clause, we will refund you any pre-paid amount.

7.7 To maintain and protect the Vehicle and to prevent and detect crime we may use electronic devices to monitor the condition, performance and operation of the Vehicle and/or to track a Vehicles movement. This information may be used both during and after termination of the Hire Period. By accepting these Terms and Conditions you expressly acknowledge having granted your explicit consent to the use of such electronic devices.

8 Delivery and Collection Service

8.1 You must be physically present at the delivery and the collection of the Vehicle, and we may require the Vehicle to be delivered to or collected from the address where the payment card is registered to or other addresses you have used for identification.

8.2 You must present us with the Required Documents and your DVLA licence check code and payment card used to make the booking.

8.3 An Additional Driver does not have to be present at the time the Vehicle is collected but must be present at the pickup/delivery.

8.4 If we are unable to contact you using the details provided by you, the Booking will automatically be cancelled, and we shall have no liability to you.

8.5 We may agree a delivery window with you to the agreed location, the minimum advance notice for delivery is two Operating Hours.

8.6 You must be available during the Delivery Window to take delivery of the Vehicle and for collection of the Vehicle.

9 Inspecting the vehicle on collection.

9.1 The Vehicle has been maintained in accordance with the manufacturers recommended standards, will be roadworthy and will be delivered with at least a quarter tank of fuel as a minimum, recorded delivery mileage, at the commencement of the Rental Period.

9.2 Any existing damage to the Vehicle will be stated on the Rental Agreement or the Vehicle Check Sheet summary.

9.3 When you collect the Vehicle you should inspect it. If there is any damage not stated on the Vehicle Check Sheet summary, you must point it out to our employee who will record it onto the existing damage record. You will be responsible and liable for any damage to the Vehicle which was not recorded on the Vehicle Check Sheet summary.

9.4 If you are unable to inspect the vehicle upon pick/delivery due to a key drop, you must notify us of any damage not recorded within 2 hours or before you drive the vehicle, whichever occurs first.

10 Returning the vehicle and condition on return

10.1 You must return the Vehicle and any Optional Extras in the same condition you received them, we will allow for normal wear and tear, and the distance you travelled and the duration of the Rental Period.

10.2 We will inspect the Vehicle on its return for any damage or changes in condition. If you do not complete the inspection with us, we will inspect the Vehicle in your absence and notify you of our findings and the amount you are required to pay.

10.3 Some damage may not be apparent at post-rental inspection, such as mechanical damage (for example in areas such as the engine, fuel tank or clutch) or damage hidden by adverse light or weather conditions. If the condition of the vehicle cannot be remedied by professional cleaning services, then we shall treat this damage, in these events we will notify you with evidence and the amount you are required to pay.

10.4 We do not accept return of vehicles outside of Business Hours, you should use all reasonable efforts to return the Vehicle to us during our opening hours or the vehicle will be unattended prior to us collecting it, this will be on the condition that you will remain liable for any damage caused to the Vehicle, until one of our employees takes possession of the Vehicle. You must:

a) leave any Optional Extras in the boot;

b) secure the Vehicle near the return location in a location without imposition of fines or penalties; and

c) leave the keys in a secure location agreed with us, provide photographic evidence of the condition and location of the Vehicle and confirm where the Vehicle and keys are located to us.

10.5 You agree to t return the Vehicle to us at the branch specified in the Rental Agreement. If the Vehicle is returned to an alternative location, you will be liable for any reasonable costs incurred by us to relocate the Vehicle to the location specified on the Rental Agreement.

10.6 The Vehicle should be returned to us with the same amount of fuel at the start of the hire period. If the Vehicle is returned to us with less fuel, you will be liable to pay us for the fuel required to top the fuel up to the required amount, at a rate per litre which will be notified to you.

10.7 If you return the Vehicle and any Optional Extras to us early, you will be required to pay the full Rental Fees for the duration of the Rental Period.

10.8 If payment is due by you under clause 10 you agree that we may charge your payment card for this amount. Note, when you sign the Rental Agreement, you authorise us to take payment for damage if necessary and we may use card payment for this.

11 During the Rental Period

11.1 During the Rental Period you must:

a) use the vehicle and any Optional Extras according to the road traffic laws or regulations applicable to the area you are driving in:

b) use the Vehicle and any Optional Extras in accordance with the manufacturer’s instructions;

c) ensure the Vehicle is adequately locked, secured and protected when you are not using it;

d) use the correct fuel;

e) ensure the Vehicle is protected against bad weather that might cause damage to it;

f) drive the Vehicle with all due care and attention;

g) contact us as soon as you become aware of a fault, loss, damage or service due on the Vehicle, or if you believe it is no longer roadworthy.

h) allow us to carry out maintenance, repairs or inspections.

i) for rental periods of more than 28 days contact us to provide up-to-date mileage every 28 days.

11.2 During the Rental Period you will be responsible at your own expense for maintaining:

a) Tyre Pressure, fuel and Ad Blue levels, Engine oil, screen wash and other fluids or consumables with the Vehicle.

11.3 During the Rental Period you must not:

a) take the Vehicle outside of England, Scotland or Wales, without our prior written agreement. Please note the use of the Vehicle outside these territories additional charges will apply;

b) fit your own equipment to the outside of the Vehicle which may cause damage to the Vehicle, e.g. signage or roof racks;

c) overload the Vehicle (as determined by the Vehicle manufacturer);

d) sell, rent, remove or dispose of the Vehicle and/or anu Optional Extras or allow anyone else to do so;

e) push or tow any trailer or any other Vehicle to exceed any recommended towing weight (as determined by the manufacturer);

f) give anyone any rights over the Vehicle or commit any default or action that may result in any liable process against the Vehicle;

g) work on the Vehicle or let anyone else work on the Vehicle without prior written agreement;

h) let anyone drive the Vehicle other than an approved Additional Driver;

i) carry or transport any hazardous, toxic, flammable. Corrosive, radioactive, harmful, dangerous, materials.

j) use the Vehicle for any crime or other illegal activity or purpose;

k) use the Vehicle for hire or reward or, for fare paying or private chauffer services (unless we have consent);

l) use the Vehicle for any purpose which requires an operator’s licence (unless we have provided consent to do so).