RENTAL AGREEMENT – TERMS & CONDITIONS
- YOUR CONTRACT WITH US
The Owner agrees to rent the Vehicle described overleaf to you (“the Hirer”) and in signing this rental agreement, the Hirer accepts the conditions contained herein and overleaf. Please read this agreement carefully and if
there is anything you do not understand please ask a member of staff to explain it. In this agreement the following terms shall mean:
Hirer The person/company named as such overleaf and to include the driver of the Vehicle where relevant.
Owner The entity which is extending the rental of the Vehicle to the Hirer.
Vehicle The Vehicle described overleaf and in addition means any replacement thereof including all equipment, accessories, tools and spare tyre relating to same. This will mean the singular and plural where
appropriate.
Hire Period The period from date and time out stated overleaf until the Vehicle is off-hired in accordance with Clause 2.
Hire Charge The hire charge for the hire period calculated in accordance with the Owner’s current tariff, stated overleaf or subsequent rate agreed between the Owner and Hirer in writing. - HIRE PERIOD
The Hire Period is as defined in Clause 1. The Hirer will have the Vehicle for the period stated overleaf and the Owner may agree to extend this period at the request of the Hirer. In the event of extension(s) the new return
date and time agreed shall become the due back of the Vehicle date save where the context otherwise admits. The Hirer will also pay any additional deposit or deposits as the Owner shall require.
The Vehicle will remain on hire to the Hirer until the off-hire procedure has been completed. In addition, the Vehicle will be deemed to be off-hire for insurance purposes when it has been delivered into the possession of
the Owner or a duly authorised representative of the Owner and off-hire status of Vehicle has been noted by the Owner. The Vehicle will therefore remain at the risk of the hirer until it has been off hired. No further hire
charge will be levied on the Hirer should the Vehicle be returned as per the time and return date overleaf or subsequently agreed upon. The Owner reserves the right to levy a further charge thereafter in line with the Owner’s
current daily/hourly tariff as may apply for such a hire. - WARRANTIES BY HIRER & DRIVER TO THE OWNER
The Hirer hereby warrants and undertakes to the Owner:
A. The Hirer agrees to return the Vehicle to the Owner in the same condition received, ordinary wear and tear accepted, on the due date of its return as overleaf or subsequently agreed upon.
B. The information supplied to the Owner by the Hirer is accurate, (this includes information supplied by any person whom the Hirer requests the Owner to approve as a Driver of the Vehicle and any person who signs
this Agreement on behalf of the Hirer) and the Hirer agrees that they shall be liable to the Owner as a result of any inaccuracy in such information.
C. In the case of where a business rental agreement is entered into by an authorised driver, that it is for and on behalf of the Hirer.
D. That the Driver and any additional Driver has not been refused motor insurance by any Company and is not subject to:
i. disqualification from driving in any country.
ii. pending proceedings for a serious road traffic offence in any jurisdiction.
iii. any current Court Order for the endorsement of the driver’s driving licence which does not yet appear thereon.
iv. any physical or mental infirmity which affects the Hirer or Driver’s ability to drive a Vehicle.
v. a conviction recorded on their driving licence which has not been disclosed to the Owner by production thereof or by notice in writing giving the full particulars thereof:
vi. disqualification from driving for any alcohol or drug‐related traffic offence.
E. Not to sell, assign, let or rent or otherwise dispose of the Vehicle, it’s parts or any accessories provided nor to attempt to do any of these things.
F. Not to use the Vehicle in violation of any law, ordinance, or regulation.
G. Not to remove the Vehicle without prior written consent of the Owner from the Rep of Ireland.
H. Observe and perform the terms and conditions of all policies or contracts of insurance relating to the Vehicle or its use which are available for inspection at the Owner’s premises.
I. If the Hirer commits any breach of this agreement, the Owner may treat this agreement as terminated and may seize the vehicle, without legal process or notice to the Hirer, at any time and place and Hirer waives
all claims for damages connected with such a seizure.
J. The Hirer authorises the Owner to verify the personal driving and credit information provided by Hirer through credit agencies, the relevant Driver and Vehicle Licensing Agency or any other sources (and this applies
to any additional drivers overleaf).
K. the Hirer shall fully indemnify the Owner against any loss, damage or injury (including death) to either persons or property occurring in connection with the Vehicle or as a result of the use thereof and caused
negligently or by reason of any breach of the Renter’s obligations under this Agreement. - ACCEPTANCE OF THE VEHICLE
A. Prior to the commencement of hire, the Hirer or Driver and a member of our staff will inspect the Vehicle’s condition including any accessories that we provide and will be furnished with a copy of the pre-hire inspection
report.
B. The acceptance by the Hirer or the Driver of the Vehicle at the Date Out/Time Out and the signing of this agreement shall be conclusive evidence that the Hirer or Driver has first examined the Vehicle and found it to
be in good order, fit for the purpose for which it is required and acknowledges that the Vehicle has been received in the condition outlined in the pre-hire inspection report.
C. The pre-hire inspection report will provide the basis of assessing the condition of the Vehicle on its return; therefore, it is important that if you are not satisfied that the condition of the Vehicle meets the pre-hire
inspection report then you should let us know immediately. - YOUR RESPONSIBILITIES
A. The Hirer will be fully responsible for the Vehicle from the time of collection from our premises or from the time of delivery of Vehicle to the drop off address agreed in advance and will be fully responsible for any loss
thereof or damage to the Vehicle however occasioned, exception being ordinary wear and tear.
B. The Hirer must return the Vehicle at the agreed time and location. If we have agreed to allow for the Vehicle to be returned outside of normal business hours the Hirer will remain responsible for the Vehicle and its
condition until it is checked in by our staff. Our staff must also check its condition on return and the Vehicle may need to be cleaned in advance to allow for a full inspection to be completed.
C. During the rental period, the Hirer agrees to ensure that proper care is taken of the Vehicle in all respects including, but without prejudice to the generality of the foregoing:
i. Monitor the relevant indicators to ensure levels of engine oil, water, washers & wipers, and brake fluid remain within the manufacturers recommended thresholds
ii. that all lights are working correctly.
iii. tyres are kept properly inflated and wheel nuts are secure.
iv. the correct fuel/fluid type is used when need be.
v. the Vehicle is always locked when unattended or not in use and the keys are appropriately secured.
vi. the Vehicle is adequately protected against damage due to adverse weather conditions.
D. The Hirer must not have any person, without the prior written authorisation of the Owner, carry out any work on or otherwise interfere with the Vehicle or any part thereof.
E. The Hirer must give immediate notice to the Owner of any loss or damage to the Vehicle or any breakdown, malfunction, or other failure thereof and the obligations of the Hirer hereunder shall not be prejudiced by
the existence of any policy or insurance in respect thereof. This notice should be subsequently confirmed in writing within twenty-four hours, or in the event of the Hirer’s incapacity through injury, within a reasonable
time.
F. The Hirer or Driver must not continue to use the Vehicle in the event of damage to or a breakdown of whereby to do so would or might cause further damage to the Vehicle.
G. If Vehicle is stolen or damaged by malicious intent, the Hirer must report it to the Owner immediately, and in any event within 24 hours of the incident. It should also be reported to the relevant law enforcement
authority immediately and a crime reference number should also be obtained immediately, regardless of whether the Hirer’s own insurance or if Owner’s insurance applies.
H. The Hirer must submit the Vehicle to the Owner upon request for maintenance, inspection, or testing.
I. The Hirer must not remove or change any name or other mark identifying the ownership of the Vehicle.
J. The Hirer must not use nor allow the Vehicle to be used for any purpose for which it is not designed or suitable including but without prejudice to the generality of the foregoing:
i. not carry passengers either for hire or reward or for whom there is not a fixed seat in the Vehicle.
ii. if the Vehicle is a commercial Vehicle, not carry a load which causes any applicable regulatory restriction to be exceeded, nor carry a load which is not properly secured, nor carry any hazardous
substance.
iii. the Vehicle’s payload weight levels must not be exceeded, and costs and charges incurred by Hirers who have been stopped for an overloaded Vehicle are the Hirers own. Any damage caused by
misuse due to overloading the Vehicle will be the full responsibility of the Hirer
iv. save where the Vehicle is specially designed or adapted at the Date Out and Time Out therefore, not to propel or tow any Vehicle or trailer.
v. not use the Vehicle for road, or other, racing purposes, pacemaking reliability or other trials, competitions of any sort, rallies, driving tuition reliability trials, speed testing or for any other hazardous or
unusual purpose.
vi. not to use the Vehicle on any incomplete or temporary roads, any unpaved surfaces or on a beach.
vii. not to use the Vehicle in severely adverse weather conditions.
K. The Hirer must on demand keep the Owner fully indemnified against all losses, liabilities, costs, expenses, actions, claims, or demands including, without prejudice to the generality of the foregoing, any fines or
penalties imposed in respect of the Vehicle or its use.
L. Save as aforesaid, neither the Hirer nor any Driver of the Vehicle will purport to act as the agent of the Owner for any purposes whatsoever. - WARRANTIES BY OWNER TO THE HIRER
The Owner hereby warrants and undertakes to the Hirer:
A. The Vehicle is roadworthy and suitable for Hirer to use at the start of the hire period and all reasonable steps have been taken to provide the Hirer with a well-maintained Vehicle
B. To identify and tell you about any existing damage to the Vehicle before you sign this agreement, and it will be noted on the pre-rental inspection report.
C. To ensure the Vehicle has suitable and sufficient insurance cover is in place when the Hirer avails of our motor insurance and damage protection policy.
D. When informed of a breakdown by the Hirer to see that the necessary repairs are carried out promptly, if possible.
E. If repairs cannot be carried out promptly, to provide a substitute Vehicle or allow the Hirer to terminate hire. - CONDITIONS FOR USING THE VEHICLE
A. Only the Hirer, a named driver as overleaf, or anyone to whom we have given written permission is authorised to drive the Vehicle.
B. The Vehicle will not be operated by the Hirer in any way, or permission to do so be given by the Hirer, that would violate this contract, including:
i. The driving licence shown to Owner at the time the Vehicle is rented is indeed that of the Hirer/additional driver and fully valid.
ii. The Hirer or Driver has held a full driving licence for not less than 48 months nor has a conviction recorded on a driving licence which has not first been disclosed to the Owner by production thereof or
by notice in writing giving full particulars thereof.
iii. Driving by any person under 27 or over 75 where the Hirer has opted to benefit from our motor insurance and damage protection policy.
iv. By any person driving when unfit through drink or drugs or with blood alcohol concentration above the limit prescribed for the time being by road traffic legislation.
v. If Hirer or Driver leaves the car unlocked or secures the keys in a reckless or imprudent manner.
vi. Deliberately driving or any other action in a manner that will knowingly result in damage to the Vehicle.