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Rental Agreement
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Your contract with us
1.1 In this agreement "us", "we" or "our" shall mean CastleSportsCars Limited. Any reference to"you" or "your" shall mean the hirer of the vehicle whose details appear of the term sheet attachedto this agreement ("the Term Sheet") and on the signature clause at the end of thisagreement.1.2 In this agreement the following words and expressions shall be deemed to have the followingmeanings:"additionaldriver(s)" the additional driver(s) as set out in the Term Sheet or as otherwise agreedto by us from time to time;"additionaldriver(s) fee" the additional fee payable for the additional driver(s) as stated in the TermSheet;"deposit" the deposit the amount of which is set out in the Term Sheet;"per day" any successive period of twenty four (24) hours;"rental fee" the rental fee for the hire of the vehicle set out in the Term Sheet;"reservation deposit" the booking fee of £100 or such other amount as we shall require to book the hire of the vehicle from time to time;"vehicle" the vehicle the details of which appear on the Term Sheet.1.3 When you sign this contract you accept the conditions set out in this rental agreement.1.4 Please read this agreement carefully. If there is anything you do not understand or with whichyou do not agree, please ask any member of staff at the office from which you rented thevehicle.
Rental period
2.1 You will have use of the vehicle for the rental period shown in the Term Sheet. The minimumRental Period shall be two (2) days but otherwise the period shall be stated in the Term Sheet("the Rental Period"). We may agree to extend the Rental Period but the Rental Period maynever exceed 30 days.2.2 In the event that you fail to return the vehicle to us by the conclusion of the Rental Period weshall be entitled to charge you for every day, or part-day, you have the vehicle in excess of theRental Period at our daily rental rate as set out in the Term Sheet and deduct the same fromthe deposit. In the event that the deposit is insufficient to cover the rental fee for the extendedperiod you shall pay that excess forthwith on demand by us.
Your responsibilities
3.1 You shall pay the rental fee (less the reservation fee), any applicable additional driver fee andthe deposit in advance of the commencement of the Rental Period in cleared funds, and theother charges or amounts that you are required to pay under this agreement and any applicableVAT.3.2 You must look after the vehicle and the keys to the vehicle. You must always lock the vehiclewhen you are not using it and you must use any security device fitted to or supplied with thevehicle. You must always protect the vehicle against bad weather which can cause damage.3.3 You must make sure that you use the correct fuel.3.4 You are responsible for any damage to the vehicle caused by hitting low-level objects such asbridges or low branches or road obstacles.3.5 You must not sell, rent or dispose of the vehicle or any of its parts. You must not give anyoneany legal rights over the vehicle.3.6 You must not let anyone carry out any maintenance or repair of the vehicle without our writtenpermission. If we do give you such permission, we will only give you a refund if you have areceipt for the work.3.7 You must let us know as soon as you become aware of a fault in the vehicle.3.8 You must bring the vehicle back to the place we agreed, during the opening hours displayedat that place. One of our staff must see the vehicle to check that it is in good condition. If wehave agreed that you may return the vehicle outside business hours, you will remainresponsible for the vehicle and its condition until it has been inspected by a member of ourstaff.3.9 You will have to pay for reasonable costs of repair if:3.9.1 we have to incur extra costs to return the vehicle to its condition at the time the prerentalinspection was carried out (for example: if extra valeting time or special materialor equipment is needed or repairs required to restore the vehicle to its pre-rentalcondition); or3.9.2 you have damaged the inside of the vehicleand we shall be entitled to withhold the deposit until such repairs have been carried out and deduct these costs of the same from the deposit on the production of a validVAT receipt and subject to the deduction of any other costs that you are liable to payus under the terms of this agreement we shall return the remainder of the deposit, ifany, to you.3.10 Before you return the vehicle to us it is your responsibility to check that you have not left anypersonal belongings in the vehicle.3.11 Other than the additional driver(s) and you, you shall not permit any other person to drive thevehicle.3.12 You are solely responsible for any property you leave in the vehicle.
4. Your warranty to us
By signing this agreement you warrant to us that you and any additional driver:4.1 hold a full and valid British drivers licence and have done so for at least twenty four (24)months;4.2 do not suffer from any physical or mental affliction that may hamper your drivingability;4.3 have not in the last 5 years been found guilty of a motoring offence resulting inimprisonment of a driving ban of more than one (1) month;4.4 have not in the last 5 years been found guilty of any dishonesty offences;4.5 will not be using the vehicle for in connection with a courier business.4.6 will not take the vehicle out side of England, Scotland or Wales. In the event that it is the intentionto take the vehicle outside of England, Scotland or Wales we may agree to the same subjectto such additional terms and conditions as stated in the Term Sheet; and4.7 are not less than twenty five (25) years old and not more than sixty nine (69) years old.
5. Our warranties and limits of liability
5.1 We warrant to you that 5.1.1 We have maintained the vehicle to at least the manufacturer’s recommendedstandard.5.1.2 That the vehicle is roadworthy and suitable for renting at the start of the rentalperiod.5.2 If you are not renting the vehicle for business purposes, we are responsible for loss caused by:(a) the vehicle not matching our description of it(b) the vehicle not being of the quality that you would be entitled to expect from a rentalvehicle(c) the vehicle not being fit to drive; or(d) us not having the legal right to hire out the vehicle.5.3 Save in respect of death or personal injury caused by our negligence in which case no limit shallapply, our entire liability to you for breach of contract tort or otherwise shall in no event exceed therental fee paid by you and in no event shall we be liable for any indirect or consequential losseshowsoever caused even if you informed us of the same. We shall in no event be liable for any lossor theft of any property that you leave in the vehicle. Save as may be permitted in law, nothing inthis clause shall be deemed to affect or limit any of your statutory rights. ..
6. Conditions for using the vehicle
6.1 The vehicle must only be driven by you and any approved additional driver In the event thatyou wish any other person to drive the vehicle you must obtain our prior written consent whereupon such person shall be deemed to be and additional driver. Anyone driving thevehicle must have a full valid British driving licence.6.2 You and/or any authorised driver must not:6.2.1 use the vehicle for hire or reward.6.2.2 Use the vehicle for any illegal purpose6.2.3 Use the vehicle for racing, pacemaking, testing the vehicle’s reliability and speed orteaching someone to drive.6.2.4 Use the vehicle while under the influence of alcohol or drugs6.2.5 Load the vehicle beyond the manufacturer’s maximum weight recommendations andmake sure that the load is secured safely;
7. Towing
The vehicle must not be used for towing.
8. Charges
You will be required to pay the following charges:8.1 The rental and any other charges we work out according to this agreement.8.2 Any charge for loss or damage resulting from you not keeping to condition 3.8.3 A refuelling service charge if you have used, and not replaced, the quantity of fuel that wesupplied at the start of the original rental. The charge will be based on the rates provided withthis rental agreement or those shown at the place you rented the vehicle from which ever isapplicable. You will also be charged for the fuel required to fill the tank to the level supplied toyou at the start of the agreement - at a rate per litre shown on our term sheet.8.4 All fines and court costs for parking, traffic or other offences (including any costs which arise ifthe vehicle is clamped). You must pay the appropriate authority any fines and costs if andwhen the authority demands this payment. If you do not, you will be responsible for paying ourreasonable administration charges which arise when we deal with these matters.8.5 The reasonable cost of repairing any extra damage which was not noted on our damagecontrol sheet with this agreement, whether you were at fault or not and the reasonable cost ofreplacing the vehicle if it is stolen, depending on any insurance you have (as set out in 9), ifand when we demand this payment.Any losses that we may suffer which are not recoverable under any insurance policy that isrelevant to your hire of the vehicle.8.6 Any charges arising from Customs and Excise or any other body with authority to do soseizing the vehicle, as a consequence of any act or omission of you, together with a loss ofincome charge while we cannot rent out the vehicle.8.7 Any published rates for delivering and collecting the vehicle.8.8 Interest which we will add every day to any amount you do not pay us on time, at the rate of4% per year above the base lending rate of Barclays Bank from time to time.8.9 Value Added Tax and all other taxes on any of the charges listed above, as appropriate.8.10 You are responsible for all the charges even if you have asked someone else to beresponsible for those charges.We shall be entitled to deduct any damages, costs or charges that you are liable to pay to us from anydeposit held by us from you and in the event that the deposit is insufficient to cover the same you agreethat we may recover the same from you on demand.
9. Our insurance and damage protection programme
If we arrange separate insurance, we will give you separate information on the insurance cover and anyrestrictions which may apply. Otherwise, the conditions of our insurance and damage protectionprogramme will apply. By putting your initials in the appropriate box over the page you are acceptingthe conditions of our insurance and damage protection programme.9.1 We have a legal responsibility to have third party insurance. This provides cover for claimsmade if you injure or kill anybody, or damage their property (cover for damage to property islimited to £250,000)9.2 We will provide cover for loss or damage to the vehicle provided you have paid ‘the responsibilityamount’ (the excess) prior to the start of the agreement. You still have to pay an amountup to ‘the responsibility amount’ (the excess), every time you damage the vehicle.9.3 If you initial the “Accept” section of the box marked “Insurance Declaration” on the term sheetand pay, prior to the start of the agreement, the agreed waiver fee then ‘the responsibilityamount’ (the excess) will be reduced to the amount shown in the “Insurance Declaration” box.9.4 We will provide personal accident insurance, personal belongings insurance and goods intransit insurance if you have initialled the appropriate boxes over the page.You can get details of our insurance and damage protection programme (including the mainexclusions) from the office you rented the car from.party.
11. What to do if you have an accident
11.1 If you have an accident you must not admit responsibility. You should get thenames and addresses of everyone involved, including witnesses. You should also:11.1.1 make the vehicle secure11.1.2 tell the police straight away if anyone is injured or if there is disagreement over whois responsible; and11.1.3 call our accident incident centre on 0800 093 4343 immediately.11.2 You must then fill in our accident report form and send it to our address shown over the page.or claim on line at www.hiltonaccidentrepair.co.uk
12. Data Protection
You agree that we may use any information you have given us to carry out our own market research. Ifyou break the agreement we can give this information to credit reference agencies, the Driver andVehicle Licencing Authority (DVLA), debt collectors and any other relevant organisation. We can alsogive this information to the British Vehicle Rental and Leasing Association (BVRLA), who can pass it onto any of its members for any purpose shown in the Data Protection act 1998.
13. Termination of this agreement
13.1 If you are a consumer we will terminate this agreement straight away if we find out that yourbelongings have been taken away from you to pay off your debts, or a receiving order hasbeen made against you. We may terminate this agreement if you do not meet the main requirementsof the agreement.13.2 If you are a company, we will end this agreement straight way if:13.2.1 you go into liquidation13.2.2 you call a meeting of creditors13.2.3 we find out that your goods have been taken away from you until you pay off your debts; or13.2.4 you do not meet any of the conditions of this agreement.13.3 If we terminate this agreement it will not affect our right to receive or recover any money weare owed under the conditions of this agreement. We can also claim reasonable costs fromyou if you do not meet the main requirements of this agreement. We will repossess the vehicle(and charge you a reasonable costs incurred in exercising this right ) .
14. Cancellation
If having booked a car in advance you cancel the booking more than 28 days prior to the proposed hiredate you will forfeit only the booking fee.If cancelling the booking less than 28 days but more than 14 days prior to the proposed start of the hire you will be liable to pay a total of 25% of the agreed rental charge plus VAT.If cancelling the booking less than 14 days but more than 48 hours prior to the proposed start of thehire you will be liable to pay a total of 35% of the agreed rental charge plus VAT.If cancelling the booking less than 48 hours prior to the proposed start of the hire you will be liable topay a total of 50% of the agreed rental charge plus VAT.
15. Severance
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void orunenforceable, the provision shall, to the extent required, be severed from this agreement and renderedineffective as far as possible without modifying the remaining provisions of this agreement, and shallnot in any way affect any other circumstances of or the validity or enforcement of this agreement.
16. Governing Law
This agreement shall be governed and construed in accordance with English law and the parties submitto the exclusive jurisdiction of the courts of England.I confirm my agreement to the above terms and conditions
Signed ……………………………………….
Dated …………………………………………...
Print name ………………………………………...
