1. Upon signing of Rental Agreement, the hirer will pay J.A. Fisher Cars Ltd a deposit (in addition to the hire charges) as security against loss or damage, however caused, to the vehicle and its accessories until the vehicle is checked in by the company. The deposit charged will be the excess, per incident, for which the hirer is liable for damage to, and or claims arising from the vehicle while in the custody of the hirer, if the vehicle is left outside the company premises, it remains in the custody of the hirer until the next official opening of that office. In the event that the hirer is the driver of a company paying ‘on account’ but using the owner’s insurance, that company shall be liable for the amount of the deposit normally charged for that type of vehicle as published on a current price list, as the excess for the vehicle as described above.
1a. If the hirer is using their own insurance, this should be fully comprehensive cover, and the full amount of any damages, losses or claims shall be paid by the hirer.
1b. The hirer shall be liable for the full cost of any damage to the vehicle and third party property over the height of six feet.
2. Before taking delivery of the vehicle the hirer will faithfully and truthfully answer all questions on the insurance proposal form incorporated in the contract. The insurance policy issued to the owners in respect of the vehicle applies only to the proper usage of the vehicle by the hirer during the actual agreed hire period. Unless special provisions have been made with owner/s’ insurers the policy permits only the hirer to drive the vehicle, otherwise the name of any additional driver will appear on the front of the agreement. In consenting to this Agreement the hirer undertakes not to use the vehicle for any purposes other than that covered by the owner/s’ insurance policy and further undertakes not to use the vehicle in any circumstances whatsoever after the expiry of the agreed hire period. Should the hirer fail to comply with the terms of Clause 6 of this Agreement in any way which shall invalidate the policy of the insurance, held by the owner/s, the hirer will bear the full cost of any claims made by the owner/s or third parties against the hirer in respect of all accidents and/or damage. A copy of this policy of insurance issued in respect of the vehicle may be inspected upon application to the owner/s the hirer shall be deemed to have taken delivery of the vehicle in full knowledge of the contents of the aforementioned policy. The owner/s’ liability shall in no way exceed the liability carried for the owner/s by the insurers.
3. The owner/s reserve the right to terminate this Agreement and to retake possession of the vehicle without notice to the hirer, at any time during the period stated in this Agreement. In the event of the owner/s terminating this Agreement, the owner/s will refund to the hirer an amount proportionate to the cancelled hire period.
4. The owner/s shall not be liable for any loss or delay caused by his/their retaking possession of the vehicle. The owner/s shall not be liable to make any refund for loss of use of the vehicle arising from any cause whatsoever.
5. The hirer will. in the event of accident or breakdown, immediately notify the owner/s at his/her own expense. in the event of an accident, however caused, the hirer shall be responsible for the full cost of recovery of the vehicle to the owner/s’ premises.
6. The hirer whilst in possession of the vehicle will be responsible for the proper maintenance of the vehicle. It is a condition of this Agreement that the vehicle shall be returned to the owner/s in the same clean and mechanical condition as it was at the commencement of the hire period, allowing that no account shall be taken of reasonable fair wear and tear.
7. The hirer shall at all times use the vehicle in a proper and lawful manner, having regard to the purpose for which it was constructed and for which it has been registered with the appropriate licensing authority.
8. During the period of hire the vehicle shall remain the full and absolute property of the owner/s who reserve the right to inspect the vehicle without notice. Under no circumstances will the hirer allow a lien of any description to be made upon the vehicle or its accessories and the hirer acknowledges that no authority has been vested in him/her to create such a lien, and undertake not to lend, sell, pledge, hire or otherwise dispose of the whole or any part of the vehicle and/or its accessories.
9. The hirer undertakes to return the vehicle at the termination of the hire period to the address form which the vehicle was taken at the commencement of the hire period or to any other place nominated by the owner/s and agreed to by the hirer.
10. The hirer, unless otherwise agreed with the owner/s, bear the cost of all running repairs, whilst the vehicle is subject of the Agreement, under no circumstances is the hirer permitted to authorise the carrying out of repairs to the vehicle, howsoever necessitated, at the owner’s expense, unless in possession of the owner/s’ written and signed authority. The owner/s shall not be liable to the hirer or to any third party for the cost of any unauthorised repairs. The hirer undertakes to disclose the ownership and nature (i.e. Self Drive) of the vehicle to any person or persons whom the hirer instructs to effect repairs to the vehicle, on a credit basis.
11. The hirer warrants that he/she is in possession of a driving licence which is valid for the period of this Hire Agreement, and that he/she is either exempted or that he/she has passed the British Ministry of Transport’s driving test.
12. The hirer shall at all times be fully responsible for the safe keeping of the vehicle and its accessories.
13. The hirer acknowledges that having agreed to take the vehicle on hire, and having taken delivery of the vehicle, he/she will then make full payments for the whole of the hire charges for the full period governed by this Hire Agreement, and that the return of the vehicle before the expiration of the agreed hire period does not invalidate the hirer’s liability to make full payment for the agreed hire period. Any refund of hire is at the discretion of the owners and will require a minimum of 24 hours notice. Any refund will only be calculated by charging the period taken, at the full price list rate. In the event of an accident that is, or appears to be the hirer’s fault, no refund of hire or replacement vehicle will be supplied.
14. In the event of the hirer failing to return the vehicle to the owner/s’ address or other agreed place at the termination of the hire period, the hirer shall be liable for the full cost of all enquiries together with the full cost of recovering the vehicle.
15. Unless otherwise specifically arranged between the owner/s and hirer, the commencement and cessation of this Agreement shall take place at the owner/s’ address on this Agreement.
16. No refund can be made for the value of any petrol remaining in the petrol tank when the vehicle is returned to this owner.
17. In the event of the hirer failing to return the vehicle at the correct time, the owner/s may at his own discretion renew the insurance policy to cover the extended period, in which circumstances the hirer shall pay the owner/s £10 for every hour that the vehicle is so retained.
18. The hirer acknowledges his responsibility to check all working and other parts (including oil and water) at frequent intervals and to run the vehicle with all fluids at the proper levels, the hirer accepts legal responsibility for all damage occasioned to the vehicle whilst in his/her charge and caused by neglect. (This clause shall in no way affect the conditions here fore mentioned).
19. In the event of accidents in which the hirer is involved, the hirer must obtain the names and addresses of all witnesses to and other persons involved in any such accident. Failure to do so will render the hirer liable to reimburse the owner/s’ cost of obtaining particulars of and searching for such persons.
20. Acceptance of the vehicle by the hirer confirms acceptance of the conditions set out in this Agreement and implies acceptance of the vehicle in good order and sound mechanical condition.
21. It is a condition of this Agreement that should the hirer fail to return the vehicle to the owner/s at the time specified in this Agreement the owner/s shall be entitled to assume that the vehicle has been taken away without the owner’s consent as from the time of the expiration of this Hire Agreement. (N.B. The taking away of a vehicle without the owner’s consent constitutes a criminal offence). However, the hirer shall remain responsible for the hire charges and the full value of the vehicle until the vehicle is returned to the owner/s’ premises.
22. Nothwithstanding the rights of the owner/s to terminate the Agreement in the manner laid down here, this Agreement may be terminated by the owner/s by three days notice by registered letter to the address of the hirer contained herein, or to such address as may be notified to the owner/s by the hirer prior to such determination and in such event provided that the hirer shall have fulfilled all the conditions of this Agreement the owner/s shall refund to the hirer such an amount as is proportionate by the unexpanded hire period.
23. The hirer shall immediately notify the owner/s of any change in his/her personal and/or business address which is effected during the period of this agreement.
24. The hirer shall not use, nor permit the vehicle to be used in any manner which contravenes any statutory laws or regulations in any country in which this vehicle shall be used, or whilst the vehicle is in transit during the period of this Agreement.
25. The hirer undertakes not to make any claim against the owner/s in respect of any personal injury, damage, inconvenience, delay, alternative transport expense, or any other matters arising from or incidental to a breakdown or defect in or any accident to the vehicle for which the owner/s expressly excludes any warranty as to the condition, fitness or roadworthiness of the vehicle mentioned heretofore or of any substitute vehicle.
26. Any time, grace or indulgence granted to the hirer by the owner/s shall not prejudice the strict rights of the owner/s under the terms of this Agreement.
27. Payment of part or whole of the charges due under this Agreement paid by credit card and/or debit card assumes that the cardholder accepts responsibility for all charges due under this Agreement, and agrees to J. A. Fisher Cars Ltd debiting the same card(s) for the balance of any charges due.
28. Windscreens and Luton or Box Bodies are not covered by our policy unless paid for especially.
29. No vehicle may be taken overseas without the written permission of the Company.
30. The hirer shall be liable for the cost of all towing and/or impounding charges not authorised by the owner/s and all parking tickets.
31. Signing of this Agreement overrides all terms and conditions of supply.
32. A charge of £25 will be made for every unpaid fixed penalty offence or parking charge that we have to process. This will be deducted from your credit or charge card without notice, and a receipt sent to you by post. We reserve the right to pay the fine and charge your card if we believe that the issuer is likely to make us pay a higher rate. In either case, if we cannot get payment from your card, payment must be made by you within 14 days from the posting of our letter to you, or we will double the fine that we have paid.
33. In the event that you have an accident that is your fault, any hire charges that have been paid will be lost. No replacement vehicle will be provided.
