“you” or “your” shall mean the person in whose name the vehicle hire reservations is made to as set out in the Rent Agreement Form.
“Additional Charges” shall mean any additional charges which may cover the use or misuse of the Vehicle including (but not limited to) any optional extras such as CDW, any Excess Mileage Charges, lost keys, rental extensions and any unauthorised rental charges, unpaid fuel, battery charging, use charges or late returns.
“CDW” shall mean the optional collision damage waiver cover which may be elected by you, subject to the relevant charges.
“Economy Hire”, “we”, “us”, “our” shall mean Economy Hire (Southern) Ltd, a company registered in England and Wales under company number 06980771 with its registered office at Endeavour House
Crow Arch Lane, Ringwood,Hampshire, BH24 1HP.
“Excess Mileage Charge” shall mean any additional charges for excess mileage as set out in the Rent Agreement Form.
“Hire Charges” shall mean the fees charged by us for the hiring of the Vehicle which includes the hire charges for the Vehicle.
“Party” shall mean any additional drivers or authorised persons to use the Vehicle within the Reservation.
“Pre-authorised Deposit” shall mean our collection of a pre-authorised deposit of £250.00 on a debit / credit card depending on the chosen method of payment. The pre-authorisation is the method of a deposit amount being ringfenced by the bank or finance company and need to be available funds.
“Rent Agreement Form” shall mean the rental agreement form which sets out the specific details of the rental booking of the Vehicle including the billing details, delivery address, hire charges.
“Reservation” shall mean the period of hire for the Vehicle as set out in the Rent Agreement Form.
“Vehicle” shall mean the vehicle being rented by you from us, as set out in the Rent Agreement Form.
Booking Terms and Conditions
Overview
Our terms and conditions herein relate only to the reservation and booking of the Vehicle hire either directly from us, or via our website. You agree that where there is any conflict between these terms and conditions and the information in the Rent Agreement Form, these terms shall prevail.
You agree to be always bound by these terms, and you agree that no amendments shall be made to the Reservation without our agreement in writing.
At all times, we shall maintain ownership of the Vehicle and you shall not do or allow to occur anything which might adversely affect our right, title, or interest in the Vehicle.
You shall not:
create, or allow to be created over the Vehicle any lien, charge or other security;
lend, lease, sell or otherwise part with possession of the Vehicle or represent it may do any of those things;
connect or attach the Vehicle to any land or buildings; or
do anything that causes our insurance of the Vehicle to become void or voidable.
Reservation Procedure
Our booking system enables you to make your Reservation with us to hire the Vehicle for the agreed period and for the agreed Hire Charges. We will only agree to a Reservation if we are satisfied that you meet our criteria. Some drivers will have limitations on their driving licences which will impact any booking with us. At the point of you completing your Reservation, either directly or via our website, we shall make all reasonable efforts to provide you with a vehicle for use.
In the unlikely event that we are not able to make a vehicle as selected, we may elect to provide you with a vehicle of equivalent specification or better.
We offer a simple reservation process which includes selected delivery and drop off times and locations, charges, and optional waivers. The contract is formed when you sign our contractual documents, which includes accepting these terms and conditions.
By entering into this agreement with us, you agree to:
rent the Vehicle from us, to pay the Hire Charges and Additional Charges;
to pay all Hire Charges and Additional Charges to us; and to
pay any relevant administration charges, fees, losses, damages, court costs and other losses which are relevant to this agreement and incurred by us.
You will be required to provide us with a valid driving licence (please ask to see our drivers licence requirements). We may also carry out DVLA checks for UK licence holders. We will also ask you to provide us with satisfactory proof of address such as a utility bill or bank statement which will have to have been valid in the past three months.
Where you cannot provide us with updated documents, we may either choose to cancel your Reservation, or provide you with the option of a more comprehensive ID check which may involve a fee payable by you.
If you are a business customer signing this agreement, you confirm that you have authority to do so and to enter into this agreement.
We reserve the right to amend these terms and conditions upon not giving you less than 30 days’ prior notice in writing.
Payment Procedure
We can accept payment by most major credit cards /or debit cards. We will not accept payments by third-party credit cards, so payment must match the name on the Rental Agreement Form. Our Hire Charges are calculated in accordance with our current tariff and based on your use of the Vehicle as specified. Unauthorised use may incur Additional Charges as published in our current tariff and as set out in this agreement. You agree that time is of the essence in payment, and you will make such payments on demand by us.
Failure to pay by a valid method of payment, or if the payment card expires within 2 months of hire return date, we reserve the right to cancel your Reservation.
When making your Reservation, you will be required to make a payment of a Pre-authorised Deposit on a credit or debit card in your name. In addition, we may deduct Rental Charges, any Pre-authorised Deposit and where necessary, any security deposit.
Unless otherwise stated, the Rental Charges will include the cost of the use of the Vehicle, Vehicle tax (if applicable), local taxes, third party liability insurance, daily rental charges, and the agreed mileage. Optional extras may be chosen by you and such Additional Charges will also apply upon the return of the Vehicle to us.
We shall not accept cash payments and will only accept your chosen payment method upon our due diligence which may include soft credit checks and address checks.
The Hire Charges and other Additional Charges, such as CDW, additional drivers (the Party) and taxes shall be set out in the Rent Agreement Form. The minimum rental charge is for one rental day; a rental day consists of a 24-hour period starting when the rental begins. In the event of a late return of the Vehicle exceeding 59 minutes, we reserve the right to make an Additional Charge at the relevant daily rate and you agree to pay for any late charges.
You agree to pay to us the Hire Charges, Additional Charges and Excess Mileage Charge (if any) specified in Rent Agreement Form on demand, or at such other times as we may notify to you, having regard to your wishes. Any such payment must include the appropriate amount of any VAT on it and the Hire Charges and/or Additional Charges shall be paid without previous demand. No payments shall be made to anyone but us without our prior written consent.
In the event of any default of any payments to us, by you, you agree that you shall pay interest on all sums payable under this agreement at the rate of 3% per year above the base rate of Lloyds Bank Plc on a day-to-day basis, from the due date until the date of payment, as well after as before judgment, such interest to be payable on demand, but without prejudice to any other right or remedy which we may have under this agreement.
All complaints or objections to charges must be brought to our attention not later than 30 days after receipt of the final statement of account, failing which the statement will be conclusive. All charges are subject to final audit.
We are authorised to debit your credit or charge card for any excess mileage incurred during your rental period and such Excess Mileage Charges shall be paid by you by way of deduction. You also agree to pay for any damage, traffic violation and congestion charge incurred by you during the period of hire.
Additional Charges
We recognise that we have a duty to you to be transparent about our charges. No refunds will be given for rentals that end early or are collected late by you. We will also not offer any refunds if you do not show up to collect your Vehicle or you do not take delivery of the Vehicle if we agree to deliver it to you.
An Additional Charge will apply if keys are lost by you or damaged in any way. Lost keys are deemed by us as negligence and will not be covered by any additional insurances. You agree to be responsible for such Additional Charges in the event they may apply.
We acknowledge from time to time; you may require an extension on the hire of the Vehicle. We will only agree to this upon your agreement to pay our Additional Charges, and subject to the Vehicle being available.
Any unauthorised rental extension occurs when you fail to return the Vehicle within the agreed return date, time and location as set out in the Rent Agreement Form. In addition to the Additional Charges which will be levied on you, your actions will result in a breach of this agreement with us and may result in further damages and/or claims by us.
We also reserve the right to recover Additional Charges from you, where you return the Vehicle late to us as set out in clause 4.
It shall be your responsibility to cover any parking fines, traffic violations during the Reservation period as already stated. You agree these Additional Charges shall be payable by you. You agree that we may debit your credit or charge card with such fees during the rental or after the return of the Vehicle, plus an administrative charge of £15.00 plus VAT, whichever is the greater. We shall supply you with a copy of the fine/congestion charges.
Delivery and Return
You must be present to take delivery of the Vehicle or collect the Vehicle at the agreed time and location. You agree that the Vehicle is in good overall and operating condition and without apparent defects. You further agree that you will return it to us in the same condition with all documents, parts, and accessories at the location and on the date, designated in this agreement. We can take back the Vehicle at any time without telling you and at your expense, if the Vehicle is being used in violation of this agreement in any way or if you are in breach of these terms and conditions.
Vehicles must be returned to the agreed location and in the same condition as when it was picked up or delivered to you. At all times, it shall be your responsibility to look after the Vehicle and any negligent action or conduct by you to the Vehicle in any way, shall nullify any agreed excess or waivers. You agree to indemnify us for any losses or costs incurred by us as a result of your actions.
You accept full responsibility during the period of Reservation, for the Vehicle and you will maintain the roadworthiness of the Vehicle and take any remedial action as may be required. Examples of roadworthiness include, tyre pressures, water, oil checks and other basic checks required prior to driving.
Short term hire of motor vehicles does not include wear and tear for anything less than 90 consecutive days. This means you have full responsibility for the Vehicle under this agreement.
Upon your return of the Vehicle, we will inspect the Vehicle for any damage to the interior and exterior. Any bodywork scratches, windscreen damage, alloy or wheel damage or dents shall be your responsibility, unless these were identified when you took possession of the Vehicle.
For any Vehicle which uses fuel, you agree that you will return it with the same level of fuel as previously supplied by us. If you do not return it us with the same level, we reserve the right to recover such Additional Charges.
For any electric Vehicle, you must return it to us with the same level of charge to avoid any Additional Charges. We reserve the right to recover these Additional Charges from you.
At Vehicle return, the final payment will be calculated and processed using the payment method selected. If the final payment is greater than the payments made by you, you will be asked to pay the difference which may include the Additional Charges incurred by you. You agree that we can make such deductions using the payment card authorised.
Restrictions on Use.
It is illegal to smoke in motor vehicles. We can recover Additional Charges from you where smoking is carried out in, or around the Vehicle. This could include the cost of repair or valeting charges.
No additional Party may be transported in the Vehicle without our knowledge or consent. No animals may be transported unless they are in a secure container and so long as you agree to pay any cleaning / valeting charges which may apply, in the event of any hygiene concerns, or changes to the Vehicle.
You will not misuse the Vehicle in any way. You agree that you will use the Vehicle for the purpose it was intended.
You must look after the Vehicle, making sure it is locked and secure when not in use, use the correct fuel, set, and use any security device fitted.
You must not allow the Vehicle to be used:
to carry passengers or cargo for remuneration expect in the case of trucks and vans.
to propel or tow any vehicle, trailer, or any other object.
to take part in any race, rally, test, or other contest.
while the driver is under the influence of alcohol, drugs or any other substance impairing their consciousness or ability to react.
in contravention of any traffic offence is a violation of this agreement.
if you do not fulfil the minimum requirements as stipulated in our current tariff regarding age and the procession of a current diving licence.
by any other Party who has not first been authorised to us and added to this agreement and who does not also fulfil the minimum Economy Hire (Southern) Ltd requirements regarding age and possession of a current driving licence. In such cases, you are also responsible for the use of the Vehicle according to this agreement and agree to indemnify us for any losses, costs or damages sustained by us.
to drive or be driven into or in countries which are not members of the European Union, (note that our express prior written consent is needed for any journeys out of the country when you rent the Vehicle in any event).
for sub-renting.
not deface or suffer to be defaced the paintwork, body, and coachwork of the Vehicle, without our prior written consent.
in any way that contravenes the road traffic laws applicable to you.
You agree not (except in the case of alterations which you are liable to carry out under clause 6.3 above) to carry out any alteration or modification to the Vehicle nor alter, except by way of suitable replacement, any part or parts of it, mechanical or otherwise, or any of its accessories, without our prior written consent.
Your Responsibilities
In the event of an accident, you must not admit or accept liability to any third party. You are obligated to obtain all names and addresses of all parties involved in the accident and where required to do so; you need to inform the police.
If the Vehicle or anything related to the Vehicle is stolen, you must report it to the police and obtain a police report and/or crime reference number. We will have no responsibility or liability for the loss, theft or damage to your property left in the Vehicle.
Subject to 8.5, in the event of loss, damage or theft of the Vehicle while on rental, you must pay us on demand the amount of all resulting damages, loss in value and loss of rental income.
Your liability is limited as follows, provided you comply with the terms of this agreement and the loss or damage is not caused intentionally or by your gross negligence or by any authorised driver’s gross negligence or by an unauthorised driver:
liability for loss of/or damage to the Vehicle (other than by theft) is limited to the full market value of the vehicle. If you accept the optional Collision Damage Waiver (CDW) by initially the space on the Rent Agreement Form and paying the daily charge specified, your liability is limited to the amount stated in our current tariff and you are only responsible for any excess. If you do not accept the optional CDW, you are responsible for any liability under this clause 8 and our loss of use.
liability for loss or damage to the Vehicle by theft is limited to the full market value of your Vehicle.
The amount of charges payable to us for any damage will be subject to this clause 8 and the costs of repair or replacement. We will calculate the amount due to us by asking an appropriately qualified expert to determine the estimated loss / damage at the open market rate or open market value if the Vehicle is beyond economic repair.
If we believe you are responsible, we will notify you of your intended liability and provide you with documentary evidence to this effect.
You are fully responsible for damage caused by striking overhead or overhanging objects. This is not excluded by any waiver.
If you are in accident where someone is injured or any property is damaged, the rest of this clause will apply. The Vehicle has third party insurance cover which means that you are covered against any damage caused to another person, unless the damage or injury was caused or contributed by your negligence, your breach of this agreement in any way, or you have conducted any illegal activity. If this happens the insurance cover may not apply, and we or our insurer may look to recover these costs from you.
In addition to clause 8.8 if you cause the accident or incident, you may lose the benefit of any waivers, excess reductions rights and insurance cover. You would then also have to pay the full cost of replacement or repair costs to the Vehicle, any loss of use and any costs or losses, we must pay to third parties.
Our Liabilities
We will not be responsible for any losses you have suffered by you. Nothing in these terms shall exclude or restrict our liability for death or personal injury resulting from our negligence or any other liability which cannot be excluded as a matter of law.
Third Party Insurance and Insurance Provisions
The Vehicle shall have as a minimum third-party protection unless you opt for additional insurance cover from us. This protection provides cover for claims made against you in the event of death or injury to a third party in an accident. It also provides for a limited cover for damage to property.
Subject to clause 10.1 and any additional insurance products taken out by you, we provide insurance coverage for persons using the Vehicle with our permission (and not otherwise) in accordance with an automobile liability insurance policy which is available for inspection at our rental location. This policy meets all applicable statutory requirements and protects the owner and/or any authorised driver of the vehicle against legal claims from third parties for personal injury or material damage caused using the vehicle. The conditions of the insurance contract, including any territorial restrictions, are incorporated as an integral part of this agreement.
If you do provide your own insurance with our written consent, you warrant and agree that it covers the vehicle for third party liabilities. We reserve the right to request a copy of your insurance policy to satisfy ourselves, as to the cover and terms. If you do not opt to accept CDW, you agree either that it comprehensively ensures the Vehicle, or that you will indemnify us for any loss or damage we suffer. You also agree that we will conduct negotiations and agree any settlement with the insurers and that any monies in respect of vehicle loss or damage will be paid to us or to our order.
Ending the Contract
If you are hiring the Vehicle as a consumer, we may end this agreement with you immediately if we discover a receiving order has been made against you, you have been declared bankrupt or in circumstances where you breach this agreement in a way that we determine cannot be rectified or in a way that causes us any loss or harm. This does not affect your statutory rights to cancel.
If you are hiring the Vehicle as a business client, we may end this agreement with you immediately if we discover the company has gone into any form of insolvency process including but not limited to, administration, liquidations, creditors arrangement or if we suspect any of these events are likely to occur, or in circumstances where you breach this agreement in a way that we determine cannot be rectified or in a way that causes us any loss or harm.
In the event of you breaching this agreement or we terminate under this clause 11, you agree to pay all sums owed to us, so long as they are foreseeable losses, you acknowledge that you may lose the right to any insurance cover, or waivers and you must return the Vehicle to us within 1 business day.
Personal Information and Disclosure
Your personal information is important to us, and we take our responsibilities under data protection laws seriously. We confirm we shall not use your personal information in any way, other than in accordance with our Privacy Policy [ADD LINK HERE].
You agree that we may use your personal information to carry out our own due diligence. Before entering into this agreement, we may search your records at credit reference agencies. They will add to their record about you details of our search which will be seen by other organisations making searches. Details about you and your payment record under this agreement will be used to help make credit, credit related and insurance related decisions about you and members of your household and occasionally for fraud prevention or to trace debtors. You can contact us for details of the credit reference agencies used by us. You have a legal right to these details and can receive a copy of the information held about you on payment of a fee.
You agree that if you break the terms of this agreement, we can pass your personal information to credit-reference agencies, debt collectors, the police, or any other relevant organisations. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect their assts, as allowed under the data protection laws.
Information held about you by credit reference agencies may be linked to records relating to any person with whom you are linked financially and other members of your household.
We may give information about you and your payment record under this agreement to credit reference agencies, debt collecting agents and any proposed assignee, transferee or chargee of this agreement or of our interest in this agreement, their insurers, or advisers.
We may use a credit scoring or other automated decision-making system. We may monitor and record telephone calls for the purpose of security and training.
Indemnity
To the extent allowed by law and as an obligation surviving termination of this agreement, you agree to indemnify and hold us harmless against any claims in connection with the operation of the Vehicle, any damages suffered by you, including without limitation, the fines and other consequences referred to in this agreement, or any matters which are your responsibility. We expressly disclaim any liability for damage or loss of any kind suffered by you or any third party, unless it has been proven that we are at fault.
Confidential Information
You and us agree that each party will keep any information that is confidential in nature concerning the other party including, without limitation, any details of its business, affairs, customers, clients, suppliers, plans or strategy (“Confidential Information”) confidential and that it will not use or disclose the other party’s Confidential Information to any person, except as permitted by clause 14.2.
You and we may:
disclose any Confidential Information to any employees, officers, representatives or advisers (“Representatives”) who need to know the relevant Confidential Information for the purposes of the performance of any obligations under this agreement, provided that such party must ensure that each of its Representative to whom Confidential Information is disclosed is aware of its confidential nature and agrees to comply with this clause 14 as if it were a party;
disclose any Confidential Information as may be required by law, any court, any governmental, regulatory, or supervisory authority (including, without limitation, any securities exchange) or any other authority of competent jurisdiction to be disclosed; and
use Confidential Information only to perform any obligations under this agreement.
This clause 14 will bind you and us during the hire period and for a period of five years following termination of this agreement.
General
Assignment and other dealings
We may at any time sub-contract, assign, or transfer our rights and obligations to a third party or obtain a mortgage or charge in respect of this agreement.
You may not assign or transfer your rights and obligations under this agreement without our prior written consent.
Entire Agreement
This agreement and the Rental Agreement Form and Addendum constitutes the entire agreement between you and us and supersedes all previous agreements, understandings and arrangements between you and us, whether in writing or oral, in respect of its subject matter.
You and we acknowledge that neither party has entered into this agreement, or any documents entered into pursuant to it, in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this agreement. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in this agreement.
Force Majeure
In this agreement, “Force Majeure” means an event or sequence of events beyond either party’s reasonable control preventing or delaying it from performing its obligations under this agreement. Inability to pay is not Force Majeure.
Neither you nor we shall not be liable if delayed in or prevented from performing our obligations under this agreement due to Force Majeure, provided that:
there is a prompt notification to the other of the Force Majeure event and the expected duration; and
reasonable endeavours are used to minimise the effects of that event.
If, due to Force Majeure, you, or us:
are unable to perform a material obligation; or
are likely to be delayed in or prevented from performing the obligations for a continuous period of 21 days of operation of this agreement, either party may terminate this agreement on not less two weeks’ written notice.
Waiver
No failure, delay, or omission by either party in exercising any right, power or remedy provided by law or under this agreement shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy. No single or partial exercise of any right, power or remedy provided by law or under this agreement shall prevent any future exercise of it or the exercise of any other right, power, or remedy.
Third Party Rights
Noone other than a party to this agreement and their permitted assignees shall have any right to enforce any of its terms.
Governing Law and Jurisdiction
This agreement and any dispute or claim arising out of, or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
You and us irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this agreement, its subject matter or formation (including non-contractual disputes or claims).
