The Hirer’s Attention is Specifically Drawn to Clause 16 Below
- The person, firm or company named (“Hirer“) is hiring the vehicle described (“Vehicle“) overleaf. The Hirer shall be bound by the following terms and conditions which incorporate all the details shown overleaf, any documents referred to in the terms and conditions and the signed pre-hire damage check sheet.
If the Hirer has indicated overleaf that he wishes Falcon Self Drive Limited (“Falcon“) to provide insurance then the following provisions of clause 2 will apply:-
- This agreement is subject to and is deemed to include the terms, conditions and limitations of Falcon’s insurance policy, a copy of which may be inspected at Falcon’s registered office.
- Any Vehicle hired under this agreement may only be driven by the Hirer or by the person duly authorised and signing the agreement on behalf of the Hirer or by any additional authorised drivers who have had a completed insurance proposal form accepted by Falcon, a copy of which is attached to this agreement.
- The Hirer agrees to pay the insurance charges on Falcon’s current notified tariff, plus any charge for reducing or removing the insurance excess as initialled by the Hirer, or alternatively, the excess as shown overleaf.
- The Hirer shall be liable to pay all costs of and associated with any repair of any damage which the Vehicle may suffer as the result of any wilful or negligent act of the Hirer or any servant or agent of the Hirer, whether or not such servant or agent is an authorised driver. This clause shall apply even though such damage may be covered under the terms of Falcon’s insurance.
- The Hirer will compensate Falcon 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, whether or not such servant or agent is an authorised driver.
- In addition to any other damage which may be caused by the Hirer’s act or negligence, the Hirer shall be specifically liable for all damage caused to the Vehicle above cab height by striking overhead objects (including but not limited to trees, signs, canopies and bridges), regardless of whether the Hirer has paid the collision damage waiver fee.
- In addition to any other damage which may be caused by the Hirer’s act or negligence, the Hirer shall be specifically liable for any interior damage to the Vehicle, broken mirrors, punctures or wheel damage, regardless of whether the Hirer has paid the collision damage waiver fee.
- Any damage caused to the Vehicle as a result of flooding or driving the Vehicle through a flood is not covered by the collision damage waiver, regardless of whether or not the Hirer has paid the collision damage waiver. Such damage includes, but is not limited to, engine failure or internal damage resulting from water ingress. The Hirer shall fully and effectively indemnify Falcon against all damage to the Vehicle and costs of whatever nature associated with repair of that damage and caused by flooding.
The Hirer shall fully and effectively indemnify Falcon by way of compensation for Falcon’s loss of the use of the Vehicle in either case from termination of the rental, howsoever occasioned, until such time when:
- the Vehicle has been repaired consequent upon any collision or other damage suffered before the Vehicle was returned to Falcon; or
- the Vehicle has been replaced because it has been written off as a total loss as a result of the Hirer’s proven negligence.
If the Hirer has indicated overleaf that he wishes to provide his own insurance then for the Rental Period (defined below) the following provisions of clause 3 will apply:-
- The Hirer shall insure the Vehicle for its full value (as new) against all loss or damage (including windscreen damage) caused by accident, fire or theft, under a comprehensive policy of insurance with an insurance provider of repute. The Hirer shall at Falcon’s request supply full details of such insurance to Falcon and shall (if required) either instruct its insurers that Falcon’s name shall be endorsed on the policy or procure that any amounts payable pursuant to the policy in respect of loss of or damage to the Vehicle shall be paid directly to Falcon; and
- The Hirer shall not use or permit the Vehicle to be used in contravention of the terms and conditions of the policy; and.
- The Hirer shall in addition maintain comprehensive insurance cover for all normally insured liabilities it may have to third parties, arising out of the Hirer’s operation, possession or use of the Vehicle; and
If the Vehicle becomes a total or constructive total loss as a result of its being lost, stolen, seized, confiscated, damaged beyond economic repair or otherwise (“write-off“), the hiring of that Vehicle will continue and will only terminate on receipt by Falcon of the settlement payment from the Hirer’s Insurers and the Hirer shall forthwith pay (or procure the payment by its insurer) to Falcon Vehicle Solutions:-
- all monies due from the Hirer’s insurers;
- an amount equal to any excess applicable;
- an amount equal to any deduction made in respect of depreciation due to the age of the vehicle and any damage or neglect of the Vehicle before the event causing the write-off;
- any losses suffered by Falcon arising from the early termination of the Rental Period or the Vehicle’s non-availability for hire;
- any difference in the settlement payment and the value of a replacement vehicle, whether or not such replacement vehicle is new or used; and
- any shortfall in the settlement payment and the commercial market value of the Vehicle.
- If the Hirer’s policy of insurance is not comprehensive then in the event of a write-off or other damage to the Vehicle, the Hirer undertakes to pay Falcon (within 5 working days of a determination by the insurer or repair of damage caused) the difference between the actual loss of the Vehicle or the cost of repair of damage incurred by Falcon and the amount paid by its insurer,
- Unless Falcon has agreed to collect the vehicle from the Hirer, the Hirer must return the vehicle to the location or rental branch agreed. The Hirer must return it during the published opening hours or at a time and place Falcon tells the Hirer. When the Hirer returns the vehicle, Falcon staff must check its condition. If Falcon have agreed to allow the Hirer to return the vehicle outside opening hours, the Hirer will stay responsible for the vehicle and its condition until Falcon staff have checked it at the earliest opportunity the following day. Falcon may need to clean the vehicle before its staff can check the vehicle’s condition.
- Where this agreement has been signed by a person on behalf of the Hirer, that person warrants that they are authorised to sign for the Hirer, and in doing so, shall be jointly and severally liable with the Hirer under the terms of this agreement.
- Neither the Hirer, nor any servant or agent of the Hirer, nor any authorised driver is, or may hold themselves out to be, the owner, employee, servant or agent of Falcon for any purpose whatsoever.
- Rental Period
6.1 The “Rental Period” under this agreement shall not, save in the circumstance at clause 6 (d) below, exceed 90 days and shall be from the “Date Out” until the “Date Due Back” (in each case) shown overleaf, unless:
a. The Hirer shall terminate this agreement before the Date Due Back; or
b. Falcon shall terminate this agreement before the Date Due Back by reason of any breach by the Hirer of any term of the agreement; or
c. Falcon shall for any other reason request 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 rental charges in relation to any period after the Vehicle has been returned pursuant to this agreement and where such rental charges have already been paid, Falcon shall reimburse the Hirer accordingly; or
d. The Vehicle is a write-off and has not been replaced or is damaged and has not been fully repaired in which case, the provisions of clause 2 (i) or 3 (d) (iv) above, as the case may be, shall apply.
6.2 If, with the consent of Falcon, the Vehicle is not returned on the Date Due Back, the Rental Period shall be extended for such further period as may be agreed by Falcon and invoiced monthly. All other terms of this agreement shall continue to apply.
- It is a breach of this agreement for the Hirer to fail to return the Vehicle to Falcon on the Date Due Back and the damages payable for such breach (in addition to any damages payable in respect of any other loss, damage or breach) will be the cost of recovery (where relevant) plus the daily rental charges which would have been payable on Falcon’s then current tariff for the period from the Date Due Back until Falcon either recovers the Vehicle or receives the full value thereof from the insurer and/or the Hirer, as the case may be.
- Falcon shall not in any way be liable for loss of or damage to any Hirer property stored or transported in or on the Vehicle, nor does Falcon accept responsibility for any Hirer property left in or on the Vehicle at any time during the Rental Period or after it is returned to Falcon’s possession. The Hirer shall fully and effectively indemnify Falcon against any costs, claims or demands made by it or any third party relating to any such lost or damaged property.
- The Hirer shall ensure that during the Rental Period, the Vehicle will not:
- Without Falcon’s prior written consent, be taken outside the United Kingdom.
- Without Falcon’s prior written consent, be used to propel or tow any other Vehicle or trailer.
- Without Falcon’s prior written consent, be used for the carriage of passengers for hire or reward or for driving tuition and prior to undertaking such activity the Hirer shall provide his own insurance relating specifically to these activities in addition to the requirements of and in accordance in all respects with clause 3 above.
- Be used for any criminal purpose or for racing, pace-making, competitions or speed testing, or in any other unlawful manner whatsoever.
- 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.
- Be driven:
- in a manner which would render void the relevant policy or other contract of insurance; or
- if over 3.5 tonne gross and used for hire or reward, without a valid operator’s licence; or
- in contravention of any Road Traffic Legislation or Construction and Use of Vehicle Regulations; or
- by any person who is not licensed to drive the Vehicle or who is under the influence of alcohol or drugs; or
- in the event of mechanical, electrical or structural failure or other damage if to do so might, in the reasonable opinion of Falcon, cause or be likely to cause further damage.
- Be altered, enhanced, modified or added to in any manner whatsoever.
- Under no circumstances shall the Hirer effect any repairs to the Vehicle costing more than £25.00 without Falcon’s prior written consent. Save to the extent of any excess on Falcon’s Insurance which the Hirer is obliged to pay, Falcon will refund to the Hirer the cost of any necessary repairs not exceeding £25.00 (or to such higher value if Falcon’s consent has been obtained) on production of a valid VAT receipt and also with sight of any parts that were replaced.
- If the Hirer commits any breach of this agreement whatsoever, Falcon may treat the agreement as terminated by the Hirer and take lawful possession of the Vehicle, and the Hirer authorises Falcon to enter upon his property for such purpose.
- During the Rental Period, the Hirer shall be liable as owner of the Vehicle in respect of:
- Any fixed penalty offence committed or excess charge incurred in respect of that Vehicle under any relevant legislation, as it shall be 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 other part of the British Isles, upon which the Vehicle is being used; or
- 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; or
- Any congestion zone charges; and in all cases above, an administration fee of £50.00 for any recharge required to be made in respect of the above offences.
- In addition to paying the daily rental charge for the Vehicle, during the Rental Period the Hirer shall be liable for and obliged to:
- pay for the entire Rental Period even if the Vehicle is returned early, and in circumstances where an inclusive rate for the whole Rental Period has been agreed, Falcon reserves the right to charge he Hirer on the basis of the full daily retail rate, rather than any agreed discounted rate;
- pay for all fuel used, any Vehicle accessories purchased, tyres repaired or replaced, tools or equipment lost stolen or damaged;
- pay VAT where appropriate at the current rate;
- safeguard Falcon’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;
- ensure that the correct tyre pressures, engine oil level, battery fluid level, screen wash levels, coolant levels, adblue and automatic transmission oil level (where fitted) are maintained;
- 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;
- inform Falcon immediately if the Vehicle suffers any damage or loss, develops any fault or requires any servicing, and permit Falcon to carry out any essential repairs or servicing;
- return the Vehicle (together with all its accessories, tyres, tools and equipment) on the Date Due Back or at such other time pursuant to the terms of this agreement to the place from which the Vehicle was hired, unless a different place is specified overleaf, in the condition prevailing on the Date Out (but at the sole discretion of Falcon, fair wear and tear accepted), clean and tidy (traffic grime accepted);
- Falcon shall:-
- take all reasonable steps to provide the Hirer with a well maintained Vehicle;.
- Ensure that any necessary repairs to a Vehicle, that has been notified to Falcon as having a defect, are carried out as soon as reasonably practicable; and
- where repairs to the Vehicle cannot be carried out on the date notified or within a reasonable time on the date after such notification, provide the Hirer with a substitute Vehicle or permit the Hirer to terminate the Rental Period early without penalty and with a refund (where applicable) of any amount due for the unused time in the Rental Period.
- The Hirer acknowledges that:-
- this agreement is personal to it and not assignable.
- this documents referred to in clause 1 above contain the entire agreement and understanding between the parties and that no substitution for, addition to or alteration of those documents shall be valid unless made in writing and signed by a duty authorised officer of Falcon.
- it is not entering into this agreement on the basis of any warranty or representation by Falcon.
- failure by Falcon to enforce any term of this agreement shall not be construed as a waiver of any of its rights.
- LIMITATION OF LIABILITY
- Nothing in these Conditions shall limit or exclude Falcon’s liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or sub-contractors (as applicable); or
- fraud or fraudulent misrepresentation.
- Subject to clause 16.1 above:
- Falcon shall under no circumstances whatever be liable to the Hirer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the hire of the Vehicle or pursuant to the terms of this agreement; and
- Falcon’s total liability to the Hirer in respect of all other losses arising under or in connection with the hire of the Vehicle or pursuant to the terms of this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount by which Falcon is insured for such liabilities at the material time.
- Nothing in these Conditions shall limit or exclude Falcon’s liability for: