Terms & Conditions
RENTAL AGREEMENT – TERMS & CONDITIONS
1. YOUR CONTRACT WITH US
The Owner agrees to rent the Vehicle described overleaf to you (“the Hirer”) and in signing this rental agreement, the Hirer accepts the conditions contained herein and overleaf. Please read this agreement carefully and if there is anything you do not understand please ask a member of staff to explain it. In this agreement the following terms shall mean:
Hirer The person/company named as such overleaf and to include the driver of the Vehicle where relevant.
Owner The entity which is extending the rental of the Vehicle to the Hirer.
Vehicle The Vehicle described overleaf and in addition means any replacement thereof including all equipment, accessories, tools and spare tyre relating to same. This will mean the singular and plural where appropriate.
Hire Period The period from date and time out stated overleaf until the Vehicle is off-hired in accordance with Clause 2.
Hire Charge The hire charge for the hire period calculated in accordance with the Owner’s current tariff, stated overleaf or subsequent rate agreed between the Owner and Hirer in writing.
2. HIRE PERIOD
The Hire Period is as defined in Clause 1. The Hirer will have the Vehicle for the period stated overleaf and the Owner may agree to extend this period at the request of the Hirer. In the event of extension(s) the new return date and time agreed shall become the due back of the Vehicle date save where the context otherwise admits. The Hirer will also pay any additional deposit or deposits as the Owner shall require. The Vehicle will remain on hire to the Hirer until the off-hire procedure has been completed. In addition, the Vehicle will be deemed to be off-hire for insurance purposes when it has been delivered into the possession of the Owner or a duly authorised representative of the Owner and off-hire status of Vehicle has been noted by the Owner. The Vehicle will therefore remain at the risk of the hirer until it has been off hired. No further hire charge will be levied on the Hirer should the Vehicle be returned as per the time and return date overleaf or subsequently agreed upon. The Owner reserves the right to levy a further charge thereafter in line with the Owner’s current daily/hourly tariff as may apply for such a hire.
3. WARRANTIES BY HIRER & DRIVER TO THE OWNER
The Hirer hereby warrants and undertakes to the Owner:
A. The Hirer agrees to return the Vehicle to the Owner in the same condition received, ordinary wear and tear accepted, on the due date of its return as overleaf or subsequently agreed upon.
B. The information supplied to the Owner by the Hirer is accurate, (this includes information supplied by any person whom the Hirer requests the Owner to approve as a Driver of the Vehicle and any person who signs this Agreement on behalf of the Hirer) and the Hirer agrees that they shall be liable to the Owner as a result of any inaccuracy in such information.
C. In the case of where a business rental agreement is entered into by an authorised driver, that it is for and on behalf of the Hirer.
D. That the Driver and any additional Driver has not been refused motor insurance by any Company and is not subject to:
i. disqualification from driving in any country.
ii. pending proceedings for a serious road traffic offence in any jurisdiction.
iii. any current Court Order for the endorsement of the driver’s driving licence which does not yet appear thereon.
iv. any physical or mental infirmity which affects the Hirer or Driver’s ability to drive a Vehicle.
v. a conviction recorded on their driving licence which has not been disclosed to the Owner by production thereof or by notice in writing giving the full particulars thereof:
vi. disqualification from driving for any alcohol or drug?related traffic offence.
E. Not to sell, assign, let or rent or otherwise dispose of the Vehicle, it’s parts or any accessories provided nor to attempt to do any of these things.
F. Not to use the Vehicle in violation of any law, ordinance, or regulation.
G. Not to remove the Vehicle without prior written consent of the Owner from the Rep of Ireland.
H. Observe and perform the terms and conditions of all policies or contracts of insurance relating to the Vehicle or its use which are available for inspection at the Owner’s premises.
I. If the Hirer commits any breach of this agreement, the Owner may treat this agreement as terminated and may seize the vehicle, without legal process or notice to the Hirer, at any time and place and Hirer waives all claims for damages connected with such a seizure.
J. The Hirer authorises the Owner to verify the personal driving and credit information provided by Hirer through credit agencies, the relevant Driver and Vehicle Licensing Agency or any other sources (and this applies to any additional drivers overleaf).
K. the Hirer shall fully indemnify the Owner against any loss, damage or injury (including death) to either persons or property occurring in connection with the Vehicle or as a result of the use thereof and caused negligently or by reason of any breach of the Renter’s obligations under this Agreement.
4. ACCEPTANCE OF THE VEHICLE
A. Prior to the commencement of hire, the Hirer or Driver and a member of our staff will inspect the Vehicle’s condition including any accessories that we provide and will be furnished with a copy of the pre-hire inspection report.
B. The acceptance by the Hirer or the Driver of the Vehicle at the Date Out/Time Out and the signing of this agreement shall be conclusive evidence that the Hirer or Driver has first examined the Vehicle and found it to be in good order, fit for the purpose for which it is required and acknowledges that the Vehicle has been received in the condition outlined in the pre-hire inspection report.
C. The pre-hire inspection report will provide the basis of assessing the condition of the Vehicle on its return; therefore, it is important that if you are not satisfied that the condition of the Vehicle meets the pre-hire inspection report then you should let us know immediately.
5. YOUR RESPONSIBILITIES
A. The Hirer will be fully responsible for the Vehicle from the time of collection from our premises or from the time of delivery of Vehicle to the drop off address agreed in advance and will be fully responsible for any loss thereof or damage to the Vehicle however occasioned, exception being ordinary wear and tear.
B. The Hirer must return the Vehicle at the agreed time and location. If we have agreed to allow for the Vehicle to be returned outside of normal business hours the Hirer will remain responsible for the Vehicle and its condition until it is checked in by our staff. Our staff must also check its condition on return and the Vehicle may need to be cleaned in advance to allow for a full inspection to be completed.
C. During the rental period, the Hirer agrees to ensure that proper care is taken of the Vehicle in all respects including, but without prejudice to the generality of the foregoing:
i. Monitor the relevant indicators to ensure levels of engine oil, water, washers & wipers, and brake fluid remain within the manufacturers recommended thresholds
ii. that all lights are working correctly.
iii. tyres are kept properly inflated and wheel nuts are secure. iv. the correct fuel/fluid type is used when need be. v. the Vehicle is always locked when unattended or not in use and the keys are appropriately secured.
vi. the Vehicle is adequately protected against damage due to adverse weather conditions.
D. The Hirer must not have any person, without the prior written authorisation of the Owner, carry out any work on or otherwise interfere with the Vehicle or any part thereof.
E. The Hirer must give immediate notice to the Owner of any loss or damage to the Vehicle or any breakdown, malfunction, or other failure thereof and the obligations of the Hirer hereunder shall not be prejudiced by the existence of any policy or insurance in respect thereof. This notice should be subsequently confirmed in writing within twenty-four hours, or in the event of the Hirer’s incapacity through injury, within a reasonable time.
F. The Hirer or Driver must not continue to use the Vehicle in the event of damage to or a breakdown of whereby to do so would or might cause further damage to the Vehicle.
G. If Vehicle is stolen or damaged by malicious intent, the Hirer must report it to the Owner immediately, and in any event within 24 hours of the incident. It should also be reported to the relevant law enforcement authority immediately and a crime reference number should also be obtained immediately, regardless of whether the Hirer’s own insurance or if Owner's insurance applies.
H. The Hirer must submit the Vehicle to the Owner upon request for maintenance, inspection, or testing.
I. The Hirer must not remove or change any name or other mark identifying the ownership of the Vehicle.
J. The Hirer must not use nor allow the Vehicle to be used for any purpose for which it is not designed or suitable including but without prejudice to the generality of the foregoing:
i. not carry passengers either for hire or reward or for whom there is not a fixed seat in the Vehicle.
ii. if the Vehicle is a commercial Vehicle, not carry a load which causes any applicable regulatory restriction to be exceeded, nor carry a load which is not properly secured, nor carry any hazardous substance.
iii. the Vehicle’s payload weight levels must not be exceeded, and costs and charges incurred by Hirers who have been stopped for an overloaded Vehicle are the Hirers own. Any damage caused by misuse due to overloading the Vehicle will be the full responsibility of the Hirer
iv. save where the Vehicle is specially designed or adapted at the Date Out and Time Out therefore, not to propel or tow any Vehicle or trailer.
v. not use the Vehicle for road, or other, racing purposes, pacemaking reliability or other trials, competitions of any sort, rallies, driving tuition reliability trials, speed testing or for any other hazardous or unusual purpose.
vi. not to use the Vehicle on any incomplete or temporary roads, any unpaved surfaces or on a beach.
vii. not to use the Vehicle in severely adverse weather conditions.
K. The Hirer must on demand keep the Owner fully indemnified against all losses, liabilities, costs, expenses, actions, claims, or demands including, without prejudice to the generality of the foregoing, any fines or penalties imposed in respect of the Vehicle or its use.
L. Save as aforesaid, neither the Hirer nor any Driver of the Vehicle will purport to act as the agent of the Owner for any purposes whatsoever.
6. WARRANTIES BY OWNER TO THE HIRER
The Owner hereby warrants and undertakes to the Hirer:
A. The Vehicle is roadworthy and suitable for Hirer to use at the start of the hire period and all reasonable steps have been taken to provide the Hirer with a well-maintained Vehicle
B. To identify and tell you about any existing damage to the Vehicle before you sign this agreement, and it will be noted on the pre-rental inspection report.
C. To ensure the Vehicle has suitable and sufficient insurance cover is in place when the Hirer avails of our motor insurance and damage protection policy.
D. When informed of a breakdown by the Hirer to see that the necessary repairs are carried out promptly, if possible.
E. If repairs cannot be carried out promptly, to provide a substitute Vehicle or allow the Hirer to terminate hire.
7. CONDITIONS FOR USING THE VEHICLE
A. Only the Hirer, a named driver as overleaf, or anyone to whom we have given written permission is authorised to drive the Vehicle.
B. The Vehicle will not be operated by the Hirer in any way, or permission to do so be given by the Hirer, that would violate this contract, including:
i. The driving licence shown to Owner at the time the Vehicle is rented is indeed that of the Hirer/additional driver and fully valid.
ii. The Hirer or Driver has held a full driving licence for not less than 48 months nor has a conviction recorded on a driving licence which has not first been disclosed to the Owner by production thereof or by notice in writing giving full particulars thereof.
iii. Driving by any person under 27 or over 75 where the Hirer has opted to benefit from our motor insurance and damage protection policy.
iv. By any person driving when unfit through drink or drugs or with blood alcohol concentration above the limit prescribed for the time being by road traffic legislation.
v. If Hirer or Driver leaves the car unlocked or secures the keys in a reckless or imprudent manner.
vi. Deliberately driving or any other action in a manner that will knowingly result in damage to the Vehicle.
The Hirer expressly agrees to pay the Owner, as falls due or on demand, the total rental fee, cost or charge together with the full amount of the other items making up the amount due calculated in accordance with the rates agreed. These other items include but are not limited to:
A. Where applicable the relevant deposit on or before the Date Out and Time Out, which may be applied in full or in part at any time by the Owner in payment to itself of any sums arising hereunder.
B. A mileage charge at rate specified overleaf travelled by Vehicle during rental.
C. Service and time charges at the rate specified overleaf plus other charges if applicable even if an account is forwarded to a third party:
D. ‘Collision damage waiver’ (if any), ‘theft protection insurance’ (if any), personal accident insurance (if any), legal liability insurance (if any) and miscellaneous charges at the rate specified overleaf.
E. All toll charges, fines and court costs for parking, traffic or other legal violations assessed against the Vehicle Hirer until Vehicle is returned except where caused through fault of Owner. Therefore, the Hirer is liable as the owner of the Vehicle in respect of any fixed penalty offence committed in respect of that Vehicle under the applicable law, statute, or regulations.
F. Any refueling charge currently operated by the Owner.
G. Value Added Tax (“VAT”) and all other taxes payable at the appropriate rate which shall be in addition to the basic Hire rates.
H. Owner’s costs, including reasonable legal fees where permitted by law, incurred collecting payment due from Hirer hereunder.
I. Fair market value of repairing damage howsoever caused to the actual Vehicle supplied, administrative fees plus loss of revenue at the daily rate shown overleaf based on Owner's loss of use of the Vehicle, diminishment of value, towing, storage, impound fees, regardless of fault or negligence of the Hirer or any other person, and regardless of whether damages are a result of an act of God.
J. In the event of theft, the fair market value of replacing the Vehicle, administrative fees, plus loss of revenue at the daily rate shown overleaf based on the Owner's loss of use of the Vehicle, if Theft Protection Insurance is not purchased or does not apply.
K. Drop-off or collection fees if Vehicle is not returned to the original rental office as indicated overleaf without the written consent of the Owner.
L. Hirer agrees to allow the Owner to compute and debit final charges from Credit Card, if that is the form of payment used by Hirer, shown overleaf, if Hirer breaches this agreement. The Hirer agrees to cease using Vehicle and to pay all expenses incurred by Owner in returning Vehicle to place of rental.
M. In the instance of month to month hires the contract period and hire cost will be based on cycles of 28 days unless otherwise agreed with the Owner in advance and the frequency of invoicing will be based on this.
N. The Hirer authorises the owner to submit for payment credit card vouchers if a credit card has been presented as a means of deposit or security at the time Vehicle was rented including if any third party to whom a billing was directed refuses to make payment.
9. RENTER'S OWN INSURANCE
In the case of where the Hirer elects by signing overleaf, or where the limitations/restrictions of the Owner’s insurance policy dictate, the Hirer shall keep the Vehicle insured with insurers approved by the Owner on a comprehensive basis to the full fair market value of the Vehicle against loss or damage by accident, fire and against third party and passenger liabilities. In the case of loss or damage to the Vehicle the Hirer shall, permit the Owner to make a claim under the name of the Hirer and in such case the Owner shall hold the proceeds of any claim upon trust to apply the same in satisfaction of the obligations of the Hirer under Condition 5 thereof. In the event of damage to the Vehicle, the Owner reserves the right to claim full rental fees, costs or charges until all repairs have been completed. The Hirer agrees to comply with the terms of Hirer’s own insurance policy and the Hirer’s insurer must confirm the transfer of insurance in writing to our staff prior to the Vehicle being hired. The Hirer is liable to and agrees to pay for the full cost of repair to or replacement of the Vehicle together with all other losses, costs, damage and expenses sustained or incurred by the Owner arising from such loss or damage occasioned during the rental including administrative costs and loss of rental income.
10. OWNERS INSURANCE
A. Legal (Third Party) Liability Save where condition 9 above applies and subject to the Hirer's proposal for insurance being accepted by the Owner on behalf of the insurers, the Hirer is insured upon and subject to the terms and conditions of the policy of insurance held by the Owner in respect of the Vehicle and its use against liabilities to third parties including passengers who are non-fare paying and for whom there are permanently fixed seats. A copy of the policy shall be kept available for inspection by the Hirer at the registered office of the Owner specified overleaf.
B. The Hirer’s Financial Liability In respect of all incidents resulting in damage to the Vehicle, the Hirer shall forthwith upon demand pay to the Owner 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 the Owner in proceeding to recover the same from the third party. In the event of the Owner receiving from the third party any part of the amount of such costs and provided the Hirer shall have performed its obligations hereunder the Owner shall repay to the Hirer the like part of such excess. As with Condition 9, by declining the Owners Insurance overleaf which includes Collision Damage Waiver and Theft Protection Insurance, the Hirer will be rendered liable to and agrees to pay for the full cost of repair to or replacement of the Vehicle together with all other losses, costs, damage and expenses sustained or incurred by the Owner arising from such loss or damage occasioned during the rental including administrative costs and loss of rental income.
C. Collision Damage Waiver (CDW) / Theft Protection Insurance (TPI) If Owner offers insurance as overleaf which includes CDW/TPI cover this is accepted with the Hirer’s, or Driver thereof, initials in the appropriate box overleaf. The Hirer agrees to pay Owner a maximum excess of the amount shown in the insurance excess box overleaf and the Owner agrees to relieve the Hirer of responsibility for damage and losses over the amount of the excess. Any breach of Contract Warranties invalidates the CDW/TPI purchased by Hirer. CDW/TPI does not relieve Hirer of responsibility to Owner for the cost of replacement loss of use or administrative costs due to lost/ stolen keys or for all damage caused by negligence. Negligence includes but is not limited to contamination of fuel, dangerous or unsuitable parking, leaving Vehicle unlocked and parking Vehicle without the parking brake being secured, leaving on or parked near a beach, leaving the keys in the ignition. The waiver also does not cover damage to the Vehicle striking overhead obstacles or tyre damage.
D. Excess Protection (EP) The Renter's excess can be waived by the purchase of excess protection. If Owner offers and Renter accepts Excess Protection with Renter’s initials in the appropriate box overleaf, the Owner agrees to relieve Renter of responsibility for the excess charge of the amount shown in the collision damage excess box overleaf which would otherwise be payable for damage and losses to the Vehicle Without prejudice to the provisions of Condition 5 the Hirer shall procure that the Vehicle is not used for any purpose not permitted by the terms and conditions of the relevant policy of insurance, whether affected by the Owner or the Hirer, nor shall the Hirer do or allow to be done any act or thing whereby any policy of insurance may be voided or whereby the Vehicle may be taken outside any territorial limit stipulated in such policy.
11. IN THE CASE OF AN ACCIDENT
The Hirer shall in the event of an incident that results in damage to the Vehicle procure that:
A. the Owner and where Condition 9 applies, the Hirer’s insurers are notified and that such notice is confirmed in writing within 24 hours of the accident, or in the event of the Hirer’s incapacity through injury, within a reasonable time.
B. The Driver of the Vehicle completes and delivers to the Owner the relevant accident report within 24 hours after the accident.
C. No admission of liability is made to any person in relation to such accident.
D. Any writ of summons, summons or other document relating to any proceedings arising out of such accident is forthwith delivered to the Owner at the address overleaf.
E. All assistance is rendered to the Owner and its insurers to the conduct of such proceedings including without prejudice to the generality of the foregoing permitting such proceedings to be brought by the Owner in the name of the Hirer and defending any proceedings brought against the Hirer.
F. The Hirer shall forthwith upon demand fully and effectually indemnity the Owner against all losses, liabilities, costs, actions, claims, or demands which it may incur or have brought or made against it in relation to the Vehicle or its use and which are not recoverable under a policy of insurance whether the same is affected by the Owner or Hirers
G. the names and address of all witnesses and parties involved thereto are taken and given to the Owner
H. in the event of theft or taking of the Vehicle without the Owner’s consent the relevant law enforcement authority are to be notified immediately upon discovery of the loss.
12. DATA PROTECTION
13. HIRER’S INDEMNITY PROVISION
Upon demand from Owner, the Hirer agrees to defend, indemnify, and hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands. costs and expenses incurred by Owner in any manner from this hire transaction or from the use or operation of the Vehicle by any party, including claims of or liabilities to third parties and agrees to present a claim to their insurance carrier for all such expenses. If the Hirer has no insurance to cover such events or losses, the Hirer agrees to pay Owner for such loses.
A. Subject to clause 14(b), in the event of the Hirer before the Due Back committing any breach of this Agreement, the Owner may (but without prejudice to any other rights hereunder) forthwith by notice in writing, delivered personally by hand to the Hirer or sent by fax or prepaid registered post to the Hirer at the address stated overleaf terminate this Agreement, whereupon the Hirer shall no longer be in possession of the Vehicle (together with any documents relating thereto) with the Owner’s consent. If so sent, the notice shall be deemed to be served on the day following the date of posting or faxing and in proving service it shall be sufficient to show that the letter was properly addressed and posted or faxed as aforesaid. If delivered personally the notice shall be deemed to be served at the moment of delivery.
B. Notwithstanding Clause 14(a) and without prejudice to any other terms herein, the Owner may terminate this Agreement without notice immediately on the occurrence of any of the following events, which shall be deemed to be material breaches of this Agreement:
i. the death of the Hirer or where he becomes incapable by reason of mental or physical illness of discharging his obligations under this Agreement or becomes the subject of a bankruptcy petition or bankruptcy order or where the Hirer is a company or partnership or other body, where it ceases to exist or where it is liquidated (otherwise than for the purpose of reconstruction or amalgamation), or where a receiver is appointed to all or part of the assets of the Hirer, or where an Examiner is appointed to the Hirer, or where there has been a material change in the financial circumstances of the Hirer which may adversely affect the Owner.
ii. where the Hirer engages in any conduct prejudicial to the Owner or to the business or property of the Owner.
iii. where the Owner becomes aware that the Hirer has made misrepresentations to the owner in the Hirer’s dealings with the Owner in connection with this Agreement.
iv. any breach of a material term of this Agreement on the part of the Hirer.
v. where the Hirer has been involved in an accident involving the Vehicle, or where any damage has been caused to the Vehicle, in circumstances where the Hirer has failed to notify the Owner of such fact in accordance with the terms of this Agreement.
15. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland and the Courts of the Republic of Ireland shall have exclusive jurisdiction in relation to all matters arising in relation to these Conditions and all matters directly or indirectly arising from the Agreement overleaf.