Terms and Conditions

1. The Hirer is the company specified in box 1 overleaf or (if that is left vacant) the person named in boxes 3 and 5. The Hirer shall be bound by the following terms and conditions which incorporate the details shown overleaf.


2. If the Hirer has indicated overleaf that he wishes the Lessor (namely the company specified as such overleaf) to provide insurance then the following provisions will apply:-
(a) This agreement is subject to and is deemed to include the terms, conditions and limitations of the Lessor’s insurance policy, a copy of which may be inspected at the Lessor’s office.
(b) Any vehicle hired under this agreement may only be driven by the Hirer or by the person signing the agreement on behalf of the Hirer or by any additional authorised drivers who have had a completed insurance proposal form accepted by the Lessor.
(c) The Hirer agrees to pay the insurance charges on the Lessor’s current tariff, plus the waiver charge for reducing or removing the insurance excess as initialled, and the excess as shown overleaf.
(d) Even though it may be covered by the Lessor’s insurance, the Hirer shall be liable to pay the cost of repair of any damage which the vehicle may suffer as the result of the wilful action of the Hirer or any servant of the Hirer.
(e) The Hirer will compensate the Lessor for any loss (whether direct, indirect or consequential) which it may suffer as a result of any act or omission on the part of the Hirer or his servant or agent.
(f) The Hirer is responsible for all damage caused to the vehicle by striking overhead objects such as trees, signs, canopies etc. Any damage above cab high is the Hirer’s responsibility regardless whether they have paid the collision damage waiver fee.
(g) The Hirer is also responsible for any interior damage to the vehicle, broken mirrors, punctures, wheel damage incurred while on hire, again regardless of the Hirer having paid the collision damage waiver fee.
(h) Any damage caused to vehicles as a result of flood damage is not covered by the collision damage waiver. For example - engine failure or damage resulting from water ingress is not covered and will result in the Hirer being responsible for the repair cost involved. This is regardless even if a collision damage waiver has been paid.
(i) If in the opinion of the Lessor the Hirer has been grossly negligent, the Hirer shall be liable for the full cost of repair or retail value of the vehicle.
(j) Compensation for Lessor’s loss of the use of vehicle whilst being recovered at the termination of this rental or whilst being repaired consequent upon any collision or other damage suffered before the vehicle was returned to the Lessor’s place of business.


3. If the Hirer has indicated overleaf that he wishes to provide his own insurance then the following provisions will apply:-
(a) The Hirer’s responsibility shall be to insure the vehicle until it is returned to the Lessor in its full value against loss or damage (including windscreen damage) by accident , fire or theft under a comprehensive policy of insurance with an insurance office of repute. The Hirer shall at the Lessor’s request supply full details to the Lessor and shall instruct the insurers that the Lessor’s name shall be endorsed on the policy.
(b) The Hirer shall not use or permit the vehicle to be used in contravention of the terms and conditions of the policy, and shall procure that any compensation under the said insurance is paid directly to the Lessor.
(c) If the Hirer shall effect insurance which is not comprehensive or if for any other reason the amount paid by the Hirer’s insurers shall be less than the loss or damage (whether direct, indirect or consequential) suffered by the Lessor then the Hirer shall pay the Lessor the difference.


4. Where this agreement has been signed by a person on behalf of the Hirer, he warrants that he is authorised to sign for the Hirer, and is jointly and severally liable with the Hirer under this agreement.


5. Neither the Hirer, nor any servant or agent of the Hirer, nor any authorised driver is, or may hold himself out to be, the servant or agent of the Lessor for any purpose whatsoever.

6. The rental period under this agreement shall be from the Date out shown overleaf until the Date due back (as recorded overleaf or in any agreed attachment hereto) unless:
(a)The Hirer shall for any reason terminate this agreement before the Date due back, or
(b)The Lessor shall terminate this agreement before the Date due back by reason of any breach by the Hirer of any term hereof, of
(c)The Lessor shall for any other reason call for the return of the vehicle before the Date due back.

In any of which events the Hirer shall forthwith return the vehicle, provided that the Hirer shall not be liable for any charges in relation to any period after the vehicle has been returned pursuant to this agreement.

The total rental period shall not in any event exceed 90 days.


7. Insurance

7.1 The Hirer shall from the date of delivery of the Vehicle until the end of the Hire Period keep
the Vehicle comprehensively insured with an insurance company approved by Falcon Vehicle Solutions at the Hirer’s expense for an amount equal to the full replacement value of the Vehicle
and shall ensure that Falcon Vehicle Solutions is named as loss payee on the relevant insurance policy. The Hirer shall in addition maintain comprehensive insurance cover for liabilities to third parties arising out of the operation, possession or use of the Vehicle. Such insurance policies shall note the interest of Falcon Vehicle Solutions in a manner acceptable to Falcon Vehicle Solutions.

7.2 If the Vehicle becomes a total loss or constructive total loss as a result of its being lost, stolen, seized, confiscated, damaged beyond economic repair or otherwise, the hiring of that vehicle will terminate on receipt of confirmation from the Hirer’s Insurers that the Vehicle has been written-off by the insurers and the Hirer shall forthwith pay to Falcon Vehicle Solutions:-
(a) all monies due from the Hirer’s insurers in respect of such total loss;
(b) an amount equal to any excess applicable to the insurance of such Vehicle;
(c) an amount equal to any deduction made by the insurers in respect of damage or neglect of
the Vehicle before the event rendering the Vehicle a total loss; and
(d) all losses suffered by Falcon Vehicle Solutions arising from the early termination of the hiring
of the Vehicle before the end of the fixed period of hire.


7.3 Until such time as Falcon Vehicle Solutions has received all monies due to it the Hirer’s
obligations under this Agreement shall continue in all respects and the Hirer shall in particular
continue to be liable to pay Rental and other payments as provide herein.


8. It is breach of this agreement for the Hirer to fail to return the vehicle to the Lessor at the end of the rental period, and the damages payable for such breach (in addition to any damages payable in respect of any other breach) will be the charges which would have been payable on the Lessor’s current tariff for the period until the Lessor recovers the vehicle or receives the full value thereof.


9. The Lessor is not liable for loss of or damage to any property stored or transported in or on the vehicle, nor does the Lessor accept responsibility for any property left in or on the vehicle when it returns to the Lessor’s possession. The Hirer will indemnify the Lessor against any claims relating to any such property.


10. The vehicle will not:

(a) Without the Lessor’s prior written consent be taken outside the territory comprising England, Wales, Scotland, Northern Ireland and any British Isle on which the hiring commenced.
(b)Without the Lessor’s prior written consent be used to propel or tow any other vehicle or trailer.
Be used for the carriage of passengers for hire or reward or for driving tuition unless the Hirer shall have obtained the Lessor’s prior written consent and shall in addition have provided his own insurance in accordance with clause 3.
(d) Be used for any unlawful purpose or for racing, pacemaking, competitions or speed testing, or in any unlawful manner.
(e) Be used in such a manner that it is overloaded (whether in total or in respect of any axle or other part) or is carrying more passengers or goods than it was designed to carry or may lawfully carry.
(f) Be driven in a manner which would render void the policy or other contract of insurance, or in
contravention of any Road Traffic legislation or Construction and Use Regulations, or by any person who is not licensed to drive the vehicle or who is under the influence of alcohol or drugs, nor must it be driven in the event of mechanical, electrical or structural failure or damage, if further damage might thereby be caused.
(g) Be altered or added to in any manner.


11. The Hirer is not authorised to effect any repairs to the vehicle costing more than £25.00 without the Lessor’s prior consent. Save to the extent that there may be an excess on the Lessor’s insurance which the Hirer is obliged to pay, the Lessor will refund to the Hirer the cost of necessary repairs not exceeding £25.00 (or more if the Lessor’s consent had been obtained) on production of a VAT receipt and any parts replaced.


12. If the Hirer commits any breach of this agreement, the Lessor may treat the agreement as terminated and take possession of the vehicle, and the Hirer authorises the Lessor to enter upon his property for such purpose.


13. The Hirer shall be liable as owner of the vehicle in respect of:
(a) Any fixed penalty offence committed in respect of that vehicle under Part III of the Road Traffic
Offenders Act 1988 or the Road Traffic Act 1991, as amended, replaced or extended by any
subsequent legislation or orders and any such offence committed under the equivalent legislation applicable to Scotland, Northern Ireland or any British Isle upon which the vehicle is being used.
(b) Any excess charge which may be incurred in respect of the 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, replaced or extended by any subsequent legislation or orders and under the equivalent legislation applicable to Scotland, Northern Ireland or other British Isle.
(c)Any financial penalty or charge which may be demanded by any person, corporation or authority as a result of the vehicle having been parked or left upon land which is not a public road.
(d) Any congestion zone charges arising during the period of hire.
(e) To pay an administration fee of £50.00 for any recharge in respect of the above offences.


14. The Hirer is obliged:-
(a) To pay on the Lessor’s current tariff for rental and fuel, to pay for any accessories, tyres, tools or equipment lost, stolen or damaged; to pay the Lessor’s costs of recovering the vehicle in the event that the Hirer fails to return it to the Lessor in accordance with clause 13(f); to pay any penalties, fines and court costs incurred in the use of the vehicle before it is returned to the Lessor and which the Lessor is obliged to pay (save when caused by the fault of the Lessor); and to pay VAT where appropriate at the current rate.
(b) To safeguard the Lessor’s interests in the event of any accident involving the vehicle, by obtaining the names and addresses of all relevant drivers and witnesses, securing the vehicle, and where appropriate notifying the police.
(c) To ensure that the correct tyre pressures, engine oil level, battery fluid level, screen wash levels, coolant levels and automatic transmission oil level (where fitted) are maintained throughout the period of rental.
(d) To ensure that the vehicle is always locked when unattended, and to take all reasonable steps to prevent loss of or damage to the vehicle, or its tyres, tools, accessories, equipment or contents.
(e) To inform the Lessor immediately if the vehicle suffers any damage or loss, develops any fault or requires any servicing, and permit the Lessor to carry out any essential repairs or servicing.
(f) To return the vehicle (together with all its accessories, tyres, tools and equipment) during the Lessor’s business hours to a representative of the Lessor and to the place from which the vehicle was hired unless a different place is specified overleaf, at or before the end of the rental period or on the earlier termination of this agreement, in the condition prevailing at the commencement of the rental (fair wear and tear accepted), clean and tidy (traffic grime accepted).
(g) If an agreed hire rate has been agreed for a specific hire period and the vehicle hire is terminated early, the Lessor reserves the right to charge the full retail rate for that particular vehicle type.


15. The Lessor is obliged:-
(a) To take all reasonable steps to provide the Hirer with a well maintained vehicle, but shall not be liable for any direct, indirect or consequential loss caused by any breach of this or any other obligation of the Lessor hereunder.
(b) When informed of a breakdown by the Hirer, to see that the necessary repairs are carried out
promptly, if possible.
(c) If repairs to the hired vehicle cannot be carried out promptly, to provide a substitute vehicle or allow the Hirer to terminate the hire.


16. The Hirer acknowledges:-
(a)That this agreement is not assignable by him.
(b)That this document (together with any agreed attachment hereto) contains the entire understanding between the parties and that no addition to or alteration of the terms shall be valid unless made in writing and signed by a duly authorised officer of the Lessor.
(c) That he is not entering into this agreement on the basis of any warranty or representation by the Lessor.
(d) That failure by the Lessor to enforce any term of this agreement shall not be construed as a waiver of its rights hereunder.




SPECIAL CONDITIONS TO HIRER

The hirer is responsible for all damage caused to the vehicle by striking overhead objects such as trees, signs, canopies etc. Any damage above cab high is the hirer’s responsibility regardless whether they have paid the collision damage waiver fee.


The hirer is also responsible for any interior damage to the vehicle, broken mirrors, punctures, wheel damage incurred while on hire, again regardless of the hirer having paid the damage waiver fee.


Any damage caused to vehicles as a result of flood damage is not covered by the collision damage waiver. For example - engine failure or damage resulting from water ingress is not covered and will result in the hirer being responsible for the repair cost involved. This is regardless even if a collision waiver damage has been paid.


All hirers of vehicles over 3.5 tonne gross are required to have an operator’s licence if they are using the vehicle for hire or reward.