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Car Hire Terms

Any dispute concerning the interpretation of the terms, exceptions or conditions of the Rental Agreement shall be resolved in accordance with the jurisdiction of the territory in which the Rental Agreement was issued.

Definitions:

A. “The Lessor” for the purpose of the agreement is Alpha Drive Exclusive Vehicle Rentals.
B. “The Hirer” means the person, firm or organisation by or behalf of who this agreement is signed.
C. “Authorised driver” means driver(s) additional to the Hirer, approved as specified overleaf.
D. “The vehicle” means the vehicle shown overleaf or any subsequent vehicle which is the subject of this agreement.

1. The hirer will ensure that any authorised driver will comply with all the conditions as set out in this agreement.

2. The Lessor agrees to rent and hirer agrees to take the vehicle described overleaf on the conditions as set out in this agreement.

3. The hirer undertakes to return the vehicle in a clean condition with all tyres, tools, radio and other accessories in the same condition as when received, ordinary wear and tear accepted.

4. The hirer is responsible for all damage caused by misuse or negligence, and for all repairs or replacements and for any damage to the interior of the vehicle.

5. In the event that the hire’s own vehicle being damaged in consequence of the negligent act or omission of a third party and the hirer needing a replacement vehicle the lessor will defer the hirer’s obligation to pay the charges referred to in Clause (6) below as hereinafter: – subject to the lessor discrimination.

i. Payment of the full charges incurred by the hirer pursuant to this agreement shall be made by the hirer to the lessor by a single payment either:
a) Upon conclusion of the hirers claim for damages against the third party alleged to be liable for the damage to the hirers own vehicle: or
b) Upon the lessor giving notice to the hirer of any breach by the hirer of either of the conditions set forth under Clause (5ii) hereof; or
c) Within 350 days beginning with the date of this agreement; whichever is sooner.
ii. The hirer shall co-operate with the lessor in the appointment of a specialist solicitor (to be nominated by the lessor) to act on behalf of the Hirer in prosecuting a claim for the loss of damages against the third party referred to in clause
(5i) above and the hirer shall co-operate in the prosecution of the claim required attend any court hearing.

6. The rate charged for the hire of the vehicle shall be a daily rate charged for that vehicle as published in the lessor’s rental tariff valid at the commencement of the hire.

7. Except where conditions (5) applies, the Hirer will pay to the lessor on demand all charges due under this agreement, plus Value Added Tax at the rate appropriate at the time of the Hire.

8. The hirer or any authorised driver will: -
i. Report every accident, no matter how minor involving the vehicle, forthwith to the lessor and complete an accident form with 24 hours of the same being provided to him by the lessor.
ii. Obtain the names and addresses of the third party and any witnesses.
iii. Make no admissions of liability.
iv. Deliver to the lessor all summonses, writs and documents received.
v. Not aid or abet any claimant, but co-operate fully with the lessor and insurance company in the insurance company in the investigation and defence of any claim.

9. The hirer will at the request of the lessor do all required by enforcing any rights of remedies against the third parties in connection with the vehicle.

10. The vehicle will not be used: -
i. For the carriages of passengers or properly for hire or reward, unless authorised by the lessor.
ii. For racing, peacemaking, reliability trails or speed testing.
iii. For driving instructions without prior consent unless the hire vehicle is fitted with dual controls specifically for the purpose.
iv. To propel or tow any other vehicle or transfer without prior consent and unless the vehicle is fitted with a tow bar specifically for this purpose.
v. In violation of the provision of any act, order or regulation affecting the use, loading or condition of the vehicle or for any illegal purpose.
vi. Outside the United Kingdom Mainland without express agreement in writing of the lessor.

11. The Vehicle will not be driven by any person: -
i. Other than the hirer or an authorised driver.
ii. Who is under the age of 28 or over the age of 70 or who has not had a driving licence for a minimum period of 12 months except with a specific consent or where special insurance has been arranged and has been provided to the lessor.
iii. Who is under the influence of alcohol, or any other substance which may impair their ability to drive.

12. You are liable for certain charges as if you were the owner of the vehicle. Those charges are:
a) Any fixed penalty offence committed in respect of that vehicle under part II of the Road Traffic Offenders Act 1991, as amended replaced or extended by subsequent legislation or orders and any such offence committed under the equivalent legislation applicable to Scotland, Northern Ireland or any British Isle upon which vehicle is being used.
b) Any excess charge which may be incurred in respect of that 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, applicable to Scotland, Northern Ireland or other British Isles.
c) Any financial penalty or charge which may be demanded by a third party a result of the vehicle having being parked or left upon land which is not a public road.

13. The hirer will immediately inform the lessor of any default in the vehicle and will not use the vehicle having whilst it is unroad worthy condition.

14. The lessor accepts no responsibility for delays and/or consequential losses from breakdown or from any other circumstances.

15. This agreement and conditions of the hire contain the entire agreement between the parties and may not be modified except by an agreement in writing signed by the duly authorized representatives of the other parties.

16. If for any reason the vehicle described overleaf, or any other vehicle from time to time being the subject matter of this agreement shall become unroad worthy for whatsoever reason, the lessor shall have the right at their discretion and not otherwise, to replace the vehicle with an alternative vehicle of similar seating capacity and performance, but if no such alternative vehicle is available or if the lessor shall decline to provide an alternative vehicle, then the lessor shall be credited to the customer such portion of any hire charges paid by him as represents the unexpired portion of the hire period, but shall have no other claim of any kind whatsoever against the lessor.

17. This agreement may be terminated by either party giving 24 hours notice or termination and the vehicle being returned to the lessor.

18. The maximum period of this rental agreement CANNOT AND MUST NOT EXCEED 85 DAYS from the start date of this agreement.

19. If you have indicated overleaf that you want us to provide insurance cover for the vehicle and/or Additional insurance then the following terms apply:
a) This agreement is subject to, and includes, all the terms of our insurance policies, copies of which can be inspected at our office.
b) The vehicle may be only driven by the following people: 
You personally (if your name is given overleaf), or 
The person who signed the agreement on your behalf if you are a company whose name is given overleaf, or
Any additional driver authorized by us IF that person has completed an insurance proposal form and we have accepted it.
c) Our insurance will not give you complete cover. The amount for which you are not covered is called the Excess. You may be able to reduce that by paying an additional charge, the amount of which is shown in our tariff which can be inspected at our office. Overleaf shows whether you have accepted or refused the option (if available) to pay the additional charge, and Excess for which you are not covered.
d) You may also have the ability to take out additional insurance as indicated overleaf by paying the charges shown in the tariff which can be inspected at our offices.
e) If you or anyone on your behalf deliberately causes damage to or loss of the Vehicle, even though it was insured at the time.

20. If you have indicated overleaf that you want to provide your own insurance for the vehicle then the following terms apply:
a) It is your responsibility to insure the Vehicle from the moment you take it until the time it is returned to us. You must insure it to its full value, against loss or damage (including windscreen damage) by accident, fire or theft, under a comprehensive insurance policy with a reputable insurance company. You must supply us with full details whenever we ask for them, and you must tell the insurance company to note our interest on the policy
b) You hereby authorize your insurer to communicate directly with us and give us any information we require. You also authorize us to take over any claim which you may have which relates to the vehicle, and to negotiate and settle that directly with your insurer.
c) You must not use or permit the Vehicle to be used in breach of the insurance policy. If any money is paid out under the policy which relates to the Vehicle then you must ensure that the money is paid to us directly.
d) If you do not insure the Vehicle comprehensively, and we suffer loss of a result, you must compensate us for that loss.
e) If for any reason the amount which we receive from your insurance company is less than the loss we suffer you must pay the difference.