| 1. |
That the payment of the hire of the hired vehicle shall be paid immediately prior to the commencement of the period of hire. (With the exception of account hirers whom have previously agreed term with Spalding Van Hire Ltd). In the event of the hirer defaulting in his obligations herein, the owners shall have power of forfeiture on any deposit paid in respect of the hire. |
| 2. |
That the owners have effected with the insurers for the purpose only of enabling the hirer during the period of hire to comply with the requirements of The Road Traffic Act and the regulations made there under a comprehensive insurance, including passenger liability cover. |
| 3. |
That the hirer shall be responsible for the amount of insurance excess to cover any damage that occurs to the hired vehicle and or theft of the hired vehicle and that the hirer shall be responsible for the whole of such damage/theft if the same is occurred (1) whilst the hirer is in charge of the hired vehicle whilst under the influence of alcohol and/or drugs, or (2) under circumstances that result in the hirer or driver being charged and convicted of the offences of dangerous driving or manslaughter, or (3) whilst the vehicle is being driven by anyone other than the hirer in breach of clause 5 hereof or (4) if the hirer strikes an overhead object including side damage caused by trees or other projections, or (5) if the keys are left in the vehicle, the vehicle is left running or the vehicle is left unlocked. |
| 4. |
That the number of persons carried in the hired vehicle including the driver shall not exceed the normal seating capacity of the vehicle. |
| 5. |
That the only person(s) entitled to drive the vehicle hired shall be the hirer after he/she shall duly signed for and delivered to the owners the said supplementary insurance proposal form. (Additional drivers may be added to the policy at the time of hire on production of satisfactory driver’s documentation. A charge may be made for this service). |
| 6. |
That the hirer shall not drive or use the hired vehicle after the expiration of the period of hire without the prior consent of Spalding Van Hire Ltd. If hirers are likely to return vehicles late they must inform Spalding Van Hire Ltd as soon as possible. Failure to do so will lead to the hired vehicle being reported as stolen. |
| 7. |
That the hirer shall: |
| Be over 25 but not over 70 years of age, unless by prior agreement with Spalding Van hire Ltd in which case an excess charge may be levied. |
| Have at least 12 months driving experience in Great Britain or Ireland. |
| Be a duly licensed driver whose license has not been endorsed/banned in respect of any conviction of manslaughter, being in charge of or driving any motor vehicle whilst under the influence of drink/drugs or reckless, dangerous or careless driving. |
| 8. |
That the said hire vehicle shall not be used by the hirer for the carriage of passengers for hire or reward and that the hirer shall not sublet, lend or allow any other person to drive the hired vehicle. (Other than additional drivers included on the original proposal form). |
| 9. |
That the hirer undertakes not to use the hired vehicle in pursuance of any unlawful act, carriage of unlawful goods or contraband or any act that would lead to the vehicle being seized and such goods being carried forfeited. |
| 10. |
That the hirer undertakes not to take the vehicle abroad without prior consent of Spalding Van Hire Ltd. |
| 11. |
That the hirer undertakes to drive and use the said hired vehicle with care and prudence and ensure the oil and water in the hired vehicle are maintained at the proper levels and also to return the vehicle in clean condition. |
| 12. |
That the owners shall pay the cost of repair of the hired vehicle resulting in any mechanical breakdown other than normal roadside repair adjustments or punctures for which the hirer shall be responsible. Provided that: |
| That the consent of the owners shall in all cases be obtained before any such repair of a mechanical defect is affected. |
| That such mechanical breakdown is not due to the act or default or neglect of the hirer in dealing with ordinary roadside repairs or adjustments. |
| That the owners shall not be responsible for any damage, loss, costs or expenses incurred through the delay or otherwise arising out of or incidental to such breakdown. |
| 13. |
If by reason of any circumstances whatsoever the owners are unable to make available a vehicle for use by the hirer in pursuance of this agreement the owners shall have power to terminate this agreement at any time by giving to the hirer their verbal or written notice and in such event the owners shall refund to the hirer the deposit paid by him/her and therefore this agreement shall have deemed to have been terminated for all purposes and the owners shall not be liable whatsoever in respect of such termination. |
| 14. |
The hirer: |
| Shall be solely responsible for and shall keep the owner fully indemnified in respect of all fines, impositions or other penalties or consequences occasioned by the use of the vehicle prior to its return to the owners premises in violation of any applicable Acts of Parliament, orders, regulations or bye-laws for the time being in force. |
| That during the currency of this agreement and for the purposes of sections 1-5 and schedule 1 of The Road Traffic Act 1974 the hirer shall be liable as the owner of the vehicle in respect of: Any fixed penalty offence or contravention committed in respect of the vehicle under Part III of the Road Traffic Offenders Act 1988. |
| Any of the following offences which may be committed with respect to the vehicle when it is stationary and when a fixed penalty notice is issued, being on the road during the hours of darkness without the lights or reflectors required by law, waiting or being left or parked or being loaded/unloaded in a road, being used or kept on a public road without the vehicle license being exhibited on the vehicle in the prescribed manner, and the non payment of the charge made at street parking place, and |
| Any excess parking charge which may be incurred in pursuance of an order under Section 45 and or 46 of The Road Traffic Regulations Act 1984 (provision on highways of parking places where charges are made) and that this liability shall extend to any other vehicle let to the hirer under this agreement and to any period by which the original period of hiring may be extended. Any charge or penalty charge incurred under a charging scheme. |
| 15. |
That the hirer shall be furnished with a copy of this agreement the receipt whereof the hirer hereby acknowledges. |
| 16. |
If an accident occurs to any vehicle on hire which is comprehensively insured by the hirer or is insured by Spalding Van Hire Ltd then the charges will continue |
| If the vehicle is repaired, until the repairs are completed, or |
| If the vehicle is beyond economic repair, until the settlement cheque is received by Spalding Van Hire Ltd. |
| 17. |
It is the hirers’ responsibility to ensure that all passengers, including children comply with current seat belt laws introduced on 18th September 2006. |
| 18. |
No animals are allowed to ride in the front seats of any vehicle hired from Spalding Van Hire Ltd. |
| 19. |
Smoking is not allowed in any vehicle hired from or owned by Spalding Van Hire Ltd. |
| 20. |
Goods carried in all hire vehicles are the hirer’s responsibility and Spalding Van Hire Ltd cannot be held liable for any loss or damage to goods carried in any vehicle. |
| |
THE FOLLOWING ARE ONLY EXTRACTS FROM THE POLICY WHICH MUST BE READ CAREFULLY BY THE HIRER/DRIVER AND ANY VARIATION FROM THE STANDARD TERMS CAREFULLY NOTED |
| It is hereby declared and agreed that the policy is only to cover the insured vehicle whilst let out on hire, subject to the CONDITIONS OF HIRE and to the following: |
| 1. |
The insured will verify the identity and address of the hirer/driver by means other than relying solely on the information contained in the driving license and that such person(s) is not among the excluded persons enumerated below. |
| 2. |
The insured vehicle shall not be let out on hire or driven by: |
| Persons under 25 or over 70 years of age or as otherwise agreed and noted by endorsements on the policy. |
| Persons whom have less than 12 months regular driving experience of a motor vehicle, other than a motorcycle, whilst holding the form of license in 2 above. |
| Persons whom have been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and/or have had their license endorsed or suspended. Parking and not more than two speeding offences in the previous 3 years may be ignored. Spent convictions, covered by the Rehabilitation of Offenders Act 1974, may be disregarded. |
| Persons who have any mental or physical defect or infirmity, or suffer from fits, diabetes or any heart complaint. |
| Persons who have had their insurance declined and/or renewal refused and/or special insurance terms imposed and/or have had their policy or cover cancelled by any motor insurer. |
| Persons who are not British subjects, unless they have had 3 years recent driving experience of a motor vehicle, other than a motorcycle, in the United Kingdom. |
| Persons engaged wholly or partly in professional entertainment. |
| Jockeys and persons connected with racing of any sort |
| Undergraduates and/or students. |
| Persons who, whilst driving, have been involved in more than one accident during the past 3 years. |
| Service Personnel other than persons born in the United Kingdom |
| 3. |
The insured vehicle shall be driven only by the hirer or any person who has completed and signed the hirer’s proposal form immediately prior to the hire. |
| 4. |
Spalding Van Hire Ltd will not be liable for the first £500 (or such other amount specified in the policy) of each and every claim for the loss/theft of or damage to the insured vehicle. |