Terms & Conditions
Terms and Conditions of Hire Based on the agreement between the Lessor and the Hirer as named in the Booking Form and Hire Agreement made on the date of booking (if this Agreement is undated the delivery date of the vehicle is deemed to be the date of commencement)
Whereby it is agreed:-
1. That the Lessor will let and the Hirer will take on hire the Vehicle specified in the Booking Form and Hire Agreement (“the Vehicle”) which expression shall include all its accessories, tools and parts as the owner may substitute under the terms of this agreement for the term and the rental specified in the schedule.
2. The Lessor agrees at its expense subject to there being no breach of this agreement by the Hirer.(a) to obtain and renew the appropriate Road Fund Licence for the vehicle as required by Statute from time to time.
(b) to provide MOTOR CLUB membership as an additional optional service and if so indicated in the schedule, to supply to the Hirer membership for the term of the agreement of such Motor Club as is specified in the schedule.
(c) that it will not accept any responsibility or liability for any theft, loss or damage to vehicles and their contents left in their possession. Owners of such vehicles are reminded that their own policies of insurance must be used in order to make any claim even if such loss or damage occurs while the vehicle is parked on the Lessor’s premises.
3. The Hirer agrees during the term and until the vehicle is returned to the Lessor’s premises:
(a) to pay the rental and the V.A.T. thereon.
(b) not to pass over the vehicle to the care and control of another without the express permission of the Lessor.
(c) to pay on demand all expenses incurred in ascertaining the whereabouts of the Hirer or the vehicle or in recovering or attempting to recover possession of it.
(d) to indemnify the Lessor on demand against all loss howsoever arising from breach by the Hirer of any of the provisions of this agreement.
(e) to keep the vehicle in its safe custody.
(f) to take proper care of the vehicle including checking the oil and coolant levels, tyre pressure and batteries and to replace any tools parts or accessories which may be lost or damaged and promptly to repair all damage to and any malfunction of or defect in the vehicle and to pay to the Lessor on demand any sum for which the Hirer is responsible but which the Lessor may at its sole discretion pay on behalf of the Hirer.
(g) not without the prior written consent of the Lessor to alter or modify or fit any accessories or extras to the vehicle. Any accessories fitted to the vehicle shall become the property of the Lessor and the value of any cherished number plate shall accrued to the Lessor.
(h) to notify the Lessor in writing immediately of any defect in the vehicle.
(i) not to overload nor use or permit the use of the vehicle on building or heavy industrial sites, rough terrain, hostile environments or for towing, or for any purpose for which it is not suitable or in breach of any statute, regulation, order or insurance policy or for racing, rallying, pace making, seed testing, driving instruction or for carrying passengers for hire or reward.
(j) not to permit the vehicle to be driven by any person other than a competent driver who is properly authorised and insured to drive the vehicle.
(k) not without the prior written consent of the Lessor to allow the vehicle to be taken outside the United Kingdom
(l) not to smoke in the vehicle and to pay any valeting charge as a result.
(m) to permit pets in the vehicle only with pre authorised permission from the Lessor in writing and to pay any valeting charge as a result.
(n) to permit the Lessor to enter any premises to inspect the vehicle.
(o) not to sell, offer for sale, charge, assign let or hire or allow any lien to be created on the vehicle, if any lien be created the Lessor shall be entitled to recover from the Hirer on demand any amount paid to discharge it.
(p) not to assign this agreement or any of the Hirer’s rights or obligations herein.
(q) on termination of this agreement, at its expense to deliver up the vehicle to the Lessor’s premises or as otherwise reasonably directed in good repair and condition; and to pay the Lessor on demand the cost of all such works as may be required to restore the vehicle to a state of good repair and condition and to pay at a daily rate pro-rata to the monthly rental for such period of time as may be required for such work to be completed whether or not the Lessor at his sole discretion carries out such work or uses or disposes of the vehicle in an unrectified condition and any consequential losses arising from the Lessor being unable to fulfil its contractual obligations to another Hirer as a result, including costs incurred by that next Hirer. For the purposes of this clause good repair and condition include but is not limited to being free from exterior or interior damage including dents, scratches, paintwork damaged by an reason other than natural corrosion or chips caused by flying stones, and being free from any defects arising from previous repair or rectification.
(r) to pay for all such repairs as are caused to and keep the vehicle in good repair and condition at all times
(s) on demand to indemnify the Lessor against all fines and liabilities arising from the use of the vehicle and the cost of complying with any legislation affecting the vehicle or its use until such time as it is returned to the Lessor, such indemnity to include in addition an augmentation of 25% by way of service charge
(t) to notify the Lessor within 24 hours of any change of address or telephone number at which the Hirer may normally keep the vehicle; and to keep the Lessor informed at all material times of the name and address and telephone number of the driver of the vehicle and any change thereto. In the event of any permanent change of address written proof thereof in a form acceptable to the Lessor must be supplied to it.
(u) to use its best endeavours to minimise the Lessor’s cost in its carrying out its obligations under this agreement; and for that purpose to make full use of motor club services and/or any other service provided by the Lessor.
(v) to make punctual payment of all rentals and all other amounts due by the Hirer to the Lessor whether under this agreement or any other shall be of the essence in this agreement and the Hirer shall pay interest at the rate of 4% over HSBC Plc base rate on any overdue payment. Such rental and such other sums due shall continue to be payable whether or not the vehicle is unfit for use or a total loss.
(w) To pay the following charges in the event of cancellation:
(a) Cancellation more than 6 weeks prior to the hire period will result in loss of the booking deposit.
(b) Cancellation less than 6 weeks prior to the hire period will result in loss of the full hire cost.
(x) to take out it’s own insurance to cover all personal belongings
4. No condition, warranty or representation whatsoever, is or has been given by the Lessor as to fitness for purpose or quality or condition of the vehicle and any such warranties and conditions are hereby expressly excluded insofar as permitted by statue. The Lessor shall not be liable for any loss damage or injury whatsoever sustained or incurred directly or indirectly to or by the Hirer or a third party arising from the Hirer’s use of the vehicle or
(a) Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for the hirer’s purpose
(b) Any loss or damage to any property left in or on the Vehicle, in any service vehicle or on the Lessor’s premises or recovered or handled by the Lessor
(c) The Lessor will make every effort to remedy any on board system fault whilst you are away but in some circumstances this may not be possible and the Lessor is not responsible and will not refund any monies should a loss of service be encountered nor have any obligation to provide a replacement vehicle.
(d) In the case of winter hire, The Lessor will not be and cannot be held responsible in the event of any damage or inconveniences caused by freezing conditions. This is the responsibility of the Hirer.
5. Where the Hirer seeks to satisfy its obligations under this agreement by requiring including inter alia an insurer to indemnify the Lessor on its behalf for any loss sustained by the Lessor, the Lessor shall retain its rights under this agreement to require satisfaction directly from the Hirer. Notwithstanding the foregoing the Hirer shall indemnify the Lessor on demand against any loss which may fall upon the Lessor by reason of the Hirer making a claim under its insurance policy: such loss shall include that arising from any delay by the insurer in making inspection or in negotiating with any party or in paying over indemnification to the Lessor; if such indemnification by the insurer falls short in respect of a total or any other loss to the Lessor the Hirer shall make good the deficit on the Lessor’s demand.
6. This agreement shall be automatically terminated
(i) if any meeting of the Hirer’s creditors is called or a proposal is made for a Voluntary Arrangement or for an Administration or winding up proceedings are commenced voluntarily or otherwise or
(ii) if any Petition is filed or any Order is made against it or any Liquidator, Manger, Trustee or Receiver including an Administrative Receiver for all or part of its assets is appointed, or if any distress or execution is levied or threatened to be levied on its property or any Mortgagee or Debenture Holder seeks to enforce his security or
(iii) if the Hirer appears to be unable to pay or to have no reasonable prospect of being able to pay any debt or it allows any judgement to remain unsatisfied or
(iv) if the Hirer is an individual and he dies or a Bankruptcy Petition is presented or
(v) if any assignment compromise, composition or arrangement is made with its creditors
7. The Lessor may terminate this agreement or suspend its obligations under this agreement forthwith by written notice to the Hirer:-
(a) if any sums due to the Lessor whether under this or any other agreement between the Hirer and the Lessor or the Lessor’s associated, holding or subsidiary Companies shall be unpaid for 7 days whether legally demanded or not or
(b) if the Hirer shall be in breach of any provisions of this or any other agreement with the Lessor or
(c) if the Hirer has obtained the Vehicle through fraud or misrepresentation
(d) any statement, representation or warranty made by the Hirer in respect to himself or additional drivers is incorrect; or
(e) the Vehicle appears to be abandoned; or
(f) the Vehicle is not returned on the agreed return date or the Lessor reasonably believes that the Vehicle will not be returned on the agreed return date; or
(g) the Lessor considers on reasonable grounds that the safety of passengers or the condition of the Vehicle is in danger. In the event of such termination or repossession, there is no right to a refund of any part of the rental charges or the Security Deposit.
8. On termination or expiry of this agreement howsoever determined notwithstanding that some period in respect of which rental is due but unpaid may not yet have expired the Lessor shall be entitled to:-
(a) retake possession of the vehicle and for that purpose enter upon any premises where the vehicle may be, using such force as may be reasonably required
(b) performance by the Hirer of its obligations under this agreement until the vehicle is in the physical possession of the Lessor or it agent
(c) all arrears of rental (if any) including that for the whole of the rental period within
which the agreement is determined
(d) its cost in collecting the vehicle where the Hirer shall have requested the Lessor so to collect the vehicle on the Hirer’s behalf in writing not less than 7 days before termination or expiry of this agreement or any extension to it to which request the Lessor shall have agreed in writing. The Lessor may at its discretion waive its rights to be paid the cost where a further vehicle is supplied as a renewal and the point of collection and delivery coincide
(e) inspect the vehicle at the time the Hirer shall have delivered up the vehicle to the Lessor and prepare a mileage and condition report. The Lessor shall retain the right to re-inspect the vehicle and without unreasonable delay advise the Hirer of any variation to the initial report (such variations taking precedence) and shall hold the vehicle for 48 hours available for the Hirer’s inspection at the Lessor’s premises.
9. The rights and remedies of the Lessor shall not be affected by the granting of any time or other concession or indulgence to the Hirer.
10. Insurance Requirements and Obligations
(i) Fully comprehensive insurance is provided as part of the hire charge and for the hire period only, subject to a £1000 excess, pre authorisation for which will be taken prior to the release of the vehicle. This is payable irrespective of fault. Driving outside this period of cover would be deemed an offence under the road traffic act.
(ii) Collision Damage Waiver can be purchased separately by the Hirer to insure against any excess payment and separate travel cover must be taken out to cover your own profession or delay from loss from an accident to yourself, illness or weather or any delays in the arrival of the vehicle for reasons outside the Lessors control
(iii) The hirer will in addition be fully liable for all overhead damage, any damage deemed as gross negligence and replacement or repair of windows and windscreens or tyre damage and any claim for loss of profits.
(iv) Drivers under the age of 25 and over the age of 75 are not covered under the Lessor’s Insurance
(v) The vehicle shall not be let out on hire to or be driven by:
(1) Persons who have been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and/or have had their driving licence endorsed or suspended or more than 6 penalty points imposed. “Spent” convictions, covered by the Rehabilitation of Offenders Act 1974 may be disregarded.
(2) Persons who have had their insurance declined and/or renewal refused and/or special insurance terms imposed as a result of claims experience and/or have had their insurance or cover cancelled by any Motor Insurer.
(3) Persons engaged wholly or partly in professional entertainment or professional sports persons
(4) Jockeys and persons connected with racing, gaming industry or press of any sort. (5) Persons who, whilst driving, have been involved in more than one accident during the past 3 years
(6) Foreign Service Personnel other than persons holding a full UK/EU licence for two years or more,
(b) Claims In the event of any accident, loss or damage arising out of the use of the vehicle, the hirer must notify the Lessor within 2hrs of the event and within 24 hours complete an accident form with the names and addresses of third parties and any witnesses and report the event to the nearest police station. Time is of the essence in this respect. The vehicle must be left secure at all times. We advise hirers not make to make any admissions of liability to other parties, settlement offer or other like offer. The hirers will assist the Lessor in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence. The hirer will be responsible for any costs relating to the delivery of a change over vehicle as a result of an accident regardless of which party is at fault. No security deposit or insurance excess will be refunded until claim is settled in their favour.
11. Any notice required under this Agreement shall be in writing and shall be sent to the last known address of the party in the United Kingdom. Any notice so given shall be deemed to have been received in the ordinary course of post.
12. If the Hirer wishes to extend the period of hire beyond the date set out in the schedule he must so inform the Lessor by means of a written request not less than one week prior to the expiry of such period. The Lessor will then consider such request. General
13. Title in and ownership of the vehicle will at all times remain with the Lessor.
14. The Lessor shall not be liable for any failure or delay caused by any circumstances whatsoever beyond its reasonable control.
15. The Hire Agreement when signed by the Lessor and the Hirer shall constitute the entire contract between them relating to the subject matter of said agreement.
16. If any provision of this agreement is found to be contrary to the Law or is legally unenforceable, that provision shall be deemed to be deleted and the remainder of this agreement shall remain in force provided that the substance of the agreement shall not be affected thereby.
17. This agreement shall be governed by laws of England and all disputes arising out of or in connection with it shall be decided by the English Courts.
18. Where two or more persons are designated as the Hirer in the Booking Form and/or Hire Agreement, they shall be jointly and severally liable for the discharge of the obligations under this agreement.
19. The Lessor will make every reasonable effort to deliver the vehicle on the date specified but will not be liable for delay in delivery and any loss occasioned thereby.
21. Image Use and Representation All images contained within the website and supporting marketing material are intended as a guide and for information purposes only. The Lessor reserves the right to alter the layout of the interior of the vehicle as it so desires.
22. Copyright Notice All copyrights and trademark notices, marks, logos, disclaimers, and other elements must be preserved and upheld at all times. Any downloaded information, content, or material retains these rights. Product names, logos, and trademarks of other companies that are referenced in this site and related sites remain the property of the respective companies.
Thank you for reading through EnergyRV terms and conditions and by signing your hire agreement or confirming payment of your hire you are confirming that you fully understand all the terms within this agreement. Last updated by EnergyRV, July 2019. EnergyRV is a trading name of EnergyRV Ltd whose registered office address is The Old Chapel, Union Way, Witney, England, OX28 6HD.