EURODRIVE VEHICLE RENTAL – STANDARD TERMS AND CONDITIONS (CORPORATE)

The Company shall let on hire to the Client the Vehicle for the Rental Period subject to these Conditions.

1.         Interpretation
1.1        In these Conditions:-
“Additional Charges” shall mean the additional charges specified in the schedule to the tariff.
“Client” shall mean the person who has given instructions to the Company for hire of the Vehicle.
“Commencement of Hire” shall mean the date on which the Vehicle is delivered to or made available for collection by the Company or the Rental Company.
“Company” shall mean Eurodrive Vehicle Rental
“Contract” shall mean the agreement incorporating these Conditions.
“Driver” shall mean the Client and/or their persons name as such or person previously approved by the Company.
“Rental Company” shall mean the organisation that provides the Vehicle to the Client other than the Company.
“Rental Charge” shall be the charge which is determined by the Tariff plus any Additional Charges as at the Commencement of Hire
“Rental Day” shall mean each period of 24 hours from the Commencement of Hire.
“Rental Period” shall mean the duration of the hire of the Vehicle pursuant to these Conditions.
“Tariff” means the Company hire charges quoted on a daily rate details of which are available to the Client during the Company’s opening hours (see clause 15).
“Vehicle” shall mean the vehicle hired to the Client subject to these Conditions.
“Working Day” shall mean the time when the Company conducts its business as set out in clause 15 of these Conditions
1.2        The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3        Words used in singular in these Conditions include the plural and vice versa and the masculine includes the feminine and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
1.4        Reference to any statute or statutory provisions includes a reference to that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated.

2.         Minimum Rental Period
            The Rental Charge will be for a minimum period of one Rental Day.

3.         Booking Reference Numbers
At the time of booking a Vehicle, the Company will confirm the booking by quoting the Client a booking reference number. If queries arise during the Rental Period, the Client MUST quote this reference for access to all details of the hire

4.         Revision of Rental Charge
4.1        The Client hereby expressly acknowledges and accepts that the Company shall be entitled to revise the Rental Charge (by such amount as the Company shall in its absolute discretion determine) at any time before the Commencement of Hire.
4.2        Any such revision will be notified by the Company to the Client as soon as practicable and in any event on or before the Commencement of Hire. In the event that the Client does not accept such price revision, it shall have the right for a period of 7 days after receipt of such notification to service notice on the Company cancelling the Contract subject to return of any Vehicle then in the possession of the Client in good repair and condition, the Client will incur no liability or obligation to the Company for any cancellation charges.

5.         Delivery of the Vehicle
5.1        The Company or Rental Company will prepare a vehicle delivery and acceptance form for each Vehicle which will specify the details of that Vehicle. At the time of delivery or collection of the Vehicle, the said form will be signed by the Client or by a person authorised
 on its behalf, which signature shall constitute the Client’s acceptance of the Vehicle.
5.2        The Client shall indemnify the Company for damage caused to the Vehicle after delivery if it should request an unattended delivery.

6.         Duties of the Company
6.1        The Company policy is to supply the Vehicle in clean condition and free of any major damage in a roadworthy condition. The Vehicle is supplied with a full tank of fuel unless otherwise indicated by the Company prior to the delivery or collection of the Vehicle.
6.2        Any Vehicle is supplied to the Client with roadside assistance for breakdowns and accidents

7.         Duties of the Client
            The Client shall, during the continuance of the Contract:-
7.1        Ensure that the Vehicle is operated properly and safely by drivers who, at all times hold valid, current driving licences in the appropriate classes and shall be a minimum age of 17 years or such other minimum age limit stated on the Rental Company’s tariff for the type of Vehicle rented.
7.2        Indemnify both the Company and the Rental Company against all fines, penalties and liabilities imposed on the Company or the Rental Company or arising in respect of any non-compliance or contravention of any transport, traffic or other law or regulation, together with any cost or expense relating thereto incurred by the Company or the Rental Company.
7.3        Not take or allow the Vehicle to be taken out of the United Kingdom mainland without receiving the prior written authority of the Company and the Rental Company and, in the event of that authority being given, only on such terms as the Company and the Rental Company deem fit.
7.4        Not sell, assign, mortgage, let on hire or otherwise dispose of or part with possession of any Vehicle or part thereof or charge the benefit of this Contract nor attempt or purport to do so.
7.5        Take all necessary steps at its own expense to retain and recover possession and control of any Vehicle of which the Client loses possession of control.
7.6        Permit the Company and the Rental Company or their respective authorised representative at all reasonable times to enter upon the premises where each Vehicle may be from time to time be garaged or parked to inspect and test the condition of the Vehicle.
7.7        Notify the Company of any change in the Client’s address and upon request by the Company, promptly inform the Company of the whereabouts of the Vehicle.
7.8        In respect of the condition and maintenance of the Vehicle, be solely responsible at its own cost for:-
7.8.1     Refuelling
7.8.2     Regularly checking and adjusting as necessary the radiator, battery and engine fluid levels
7.8.3     Regularly cleaning the exterior, interior and upholstery of the Vehicle.
7.9        Not use or permit the Vehicle to be used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law having regard in-particular (but without prejudice to the generality of the foregoing) to the regulations affecting maintenance and usage of tyres.
7.10      Report all accidents and/or damage to the Company within two working days. The Client is to record details of the circumstances, the accident location, date and time of the accident, any witnesses, the names and insurance details of the persons involved, the registration number and type of vehicles involved, the property involved, the nature of any damage, police officers attending the scene and any injuries sustained to any person. All relevant accident report forms must be completed and returned.

8.         Use of Vehicle
8.1        The Client may use the Vehicle for the purposes of its business and for the social, domestic and pleasure purposes of its employees, but shall not use the Vehicle or permit the Vehicle to be used for the following.
8.1.1     For any purpose for which the Vehicle is not expressly designed
8.1.2     Driving tuition unless written confirmation is obtained from the Company
8.1.3     To propel or tow any other vehicle or trailer without prior consent of the Company
8.1.4     For racing, pacemaking or competing in any rally or any other form of motor sport
8.1.5     For the carriage of passengers for hire or reward
8.1.6     For any illegal purpose
8.1.7     In violation of these Conditions
8.1.8     When under the influence of alcohol or drugs
8.1.9     When the Vehicle is overloaded as a result of the number of passengers and or the quantity and or weight of goods carried.
8.2        The Client agrees that it will not:-
8.2.1     Without the prior consent of the Company and the Rental Company procure the supply of any repairs or works to the Vehicle, effect any mechanical or other modification to the Vehicle, make any alterations or additions, fit any towing equipment or other accessories or non-standard tyres, and any such additions, alterations or modified parts which may be made (whether with or without consent) shall become part of the Vehicle and shall belong to the Rental Company;
8.2.2     Remove or interfere with any identification marks or plates affixed to the Vehicle nor attempt or purport to do so, nor permit the same;
8.2.3     Deface the paint work or body work of the Vehicle nor add or erect any painting, sign-writing, lettering, or advertising to or on the Vehicle.

9.         Cancellation
To cancel a hire, it is necessary to provide a minimum of two working hours notice. Failure to do so will result in a cancellation fee equivalent to a one day Rental Charge or an abortive fee, whichever is the greater.

10.        Termination
10.1      If the Client shall commit a breach of these Conditions whether express or implied of this Contract (or of the terms and conditions of any such contract as aforesaid) or shall do or allow to be done any act or thing which in the opinion of the Rental Company and/or the Company may jeopardise the Rental Company and/or the Company’s rights in the Vehicle or any part thereof, then in each and every such case the Client shall be deemed to have repudiated this Contract and the Company may thereupon or at any time within 3 months thereafter by notice in writing to the Client for all purposes forthwith terminate this Contract.
10.2      If any of the following events shall occur, namely:
10.2.1 If any distress, execution, or other legal process shall be levied on or against the Vehicle or any part thereof or against any premises where the same may be or against any of the Client’s goods or other property or the Client shall permit any judgement against it to remain unsatisfied for 7 days; or
10.2.2 If the Client, being an individual, shall die, shall suffer and interim order (within the meaning of the Insolvency Act 1986) to be made against him or enter into a voluntary arrangement or suffer the making of a statutory demand or the presentation of a petition for a bankruptcy order; or
10.2.3   If the Client, being a body corporate, shall enter into any liquidation, shall call any meeting of its creditors or shall have a receiver or receiver manager of all or any of its undertaking or assets appointed, or shall suffer the appointment or the presentation of a petition for the appointment of an Administrator under the provision of Part II of the Insolvency Act 1986, or shall be deemed by virtue of S123 of the Insolvency Act 1986 to be unable to pay its debts, then in each and every such case the hire constituted by this Contract shall without notice terminate and no payment subsequently accepted by the Company without knowledge of such termination shall in any way prejudice or affect the operation of this clause.
10.3      If the Company shall at any time commit a material breach of these Conditions whether express or implied of this Contract then (provided the Client is not itself also in breach) the Client may return the Vehicle and (without prejudice to its right to claim damages for that breach) by notice in writing to the Company for all purposes forthwith terminate the hire constituted by this Contract.
10.4      The Client shall upon any termination under clause 12.4, 10.1 or 10.2 above pay to the Rental Company and/or the Company:-
10.4.1   All arrears of Rental Charge then due and all other sums accrued due and unpaid at the date of termination, together with interest thereon payable under clause 12.3 and
10.4.2   If the Customer shall be in default of any obligation to make payment to the Company under this clause all sums due from the Customer to the Company under any contract between the Customer and the Company shall immediately become due and payable.
10.4.3 The cost of all repairs required as at the date of termination (other than those for which the Rental Company and/or the Company has assumed responsibility); and
10.4.4 Compensation for the loss suffered by the Rental Company and/or the Company as a result of such termination, such loss being determined by the Rental Company and/or the Company having regard to all relevant circumstances; and
10.4.5 Any other sums which are or become due to the Rental Company and/or the Company or to which the Rental Company and/or the Company is entitled by way of damages. The termination of the hire constituted by this Contract shall not affect any rights of the Rental Company and/or the Company or liabilities of the Client subsisting at the date of termination.
10.5      The Rental Company and/or the Company's claim for any arrears of Rental Charge or damages for any breach by the Client of this Contract or any other rights hereunder, the Rental Company and/or the Company or its authorised representatives may at any time after such termination or expiry of the Rental Period without notice retake possession of the Vehicle and for such purpose enter upon any premises belonging to or in the occupation or control of the Client and the Client shall be responsible for all costs, charges and expenses so incurred in retaking possession of the Vehicle as aforesaid. The Client shall also bear the reasonable costs incurred by the Rental Company and/or the Company at any time in ascertaining the whereabouts of the Vehicle and/or the Client.

12.        Payment
12.1      The Client shall make payment to the Company within 30 days from the date of invoice. Time shall be of the essence in respect of the payment of all sums due.
12.2      Should any invoice become overdue then all invoices due from the Client shall be deemed to be overdue.
12.3      Pay to the Company interest at the rate of 3 per cent per annum, above the mean base rate for the time being of Lloyds TSB Bank on all sums which from time to time may be due from the Client to the Company hereunder and remain for the time being unpaid, such interest being calculated from the due date until actual payment compounded quarterly and to be payable as well after as before any judgement obtained in respect thereof.
12.4      All payments due shall be made to the Company at the address as the Company may from time to time communicate to the Client. Any payment sent by post shall be so sent at the risk of the Client.

13.        Insurance
13.1      Any Vehicle hired under the insurance of the Rental Company covers the statutory minimum insurance requirements. Enquiries as to additional insurance, which will be quoted on a separate basis, are to be made at the time of booking. The Client shall comply with the terms and conditions of the Rental Company.
13.2      If the Client chooses to arrange his own insurance the following shall apply:
13.2.1 The Client will, throughout the Rental Period keep the Vehicle insured with an insurer of good repute against loss or damage from all risks (including third party risks)
13.2.2 The Client shall provide upon request evidence that the Vehicle is fully insured. The Client shall also make the Company aware of any changes to the aforementioned cover.
13.2.3 The Client shall not use or allow the Vehicle to be used for any purpose not permitted by the terms and conditions of insurance policy or do or allow to be done any act or thing whereby the insurance may be invalidated.
13.2.4 If the Client shall default in the payment of any premium in respect of the insurance, the Company may pay such premium in which event the Client shall repay the amount thereof to the Company on demand. The Client shall indemnify the Company and the Rental Company against all loss or damage to the Vehicle not recoverable under the insurance policy including any amounts deducted by way of excess.
13.2.5 The Client shall hold any insurance money in trust for the Company and/or Rental Company and authorises the Company and/or Rental Company to collect the insurance monies from the insurers. If a claim is made against the insurers the Company or Rental Company may at its discretion, conduct negotiations (except in relations to claims of the Client for personal injuries, Loss of use, or loss or damage to the property of the Client unconnected to the Vehicle) and effect a settlement with the insurer and the Client agrees to be bound by such settlement. Any insurance money shall be applied at the Rental Company's or Company's option of either making good the damage or in replacing the Vehicle by another similar vehicle and the Client shall continue to be liable to pay the Rental Charge as is such loss had not taken place or in compensating the Company or Rental Company of all loss suffered.
13.3      The Company and/or the Rental Company shall have the right itself to repair or have repaired any Vehicle which is the subject of an accident. If the Company and/or the Rental Company does not choose to do so, the Client shall be liable to reinstate or repair at its own expense (but subject to any insurance proceeds) any Vehicle which has not become a total loss and shall continue to pay the Rental Charge in respect of such Vehicle during reinstatement or repair.
13.4      Drivers between the age of 18 to 21 are permitted provided the Client arranges his own insurance in respect of this and the provisions of Clause 13.2 shall apply

14.        General Liability
14.1      The Company does not hire the Vehicle subject to any condition or warranty expressed, implied or statutory in connection with the fitness for any purpose or age of the Vehicle and any conditions and warranties are hereby expressly excluded insofar as permitted by statute and (save for the Company and/or Rental Company's liability for death or personal injury caused by the negligence of the Company and/or Rental Company, there in respective employees or agents), the Company and/or Rental Company will not be responsible for any liability, claim, loss, damage or expense of any kind or nature caused directly or indirectly by the Vehicle or its use.
14.2      The Client will be solely responsible for and hold the Company and/or Rental Company fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses suffered or incurred by the Company and/or Rental Company as a result of any breach or default on the part of the Client in the discharge of its obligations under this Contract.
14.3      The Company shall not be liable for loss of, or damage to any property left stored or transported by the Client and any other person in, or upon a Vehicle either before or after the return thereof to the Company. The Client hereby agrees to hold the Company harmless from, and indemnify the Company against all
claims based upon or arising out of such loss or damage unless caused by the negligence of the Company, its employees or agents.
14.4      In the event of the Client requesting the collection of the Vehicle on the last day of the Rental Period the Client's liability for theft, damage and parking charges shall extend to mid-day of the following working day.
14.5      In the event of the Client returning the Vehicle to the Company's or Rental Company's location outside of the Company's or Rental Company's working hours, the Client's liability for damage, theft and parking charges shall extend to the time at which that the Company or Rental Company is next open for business. (Details of working hours of Rental Companies should be obtained directly from the Company).

15.        The Company's Opening Hours
            Monday to Friday          0900 to 1700 (except Bank Holidays)
            Saturday           Closed
            Sunday             Closed

16.        General
16.1      The Company reserves the right to vary these Conditions and Rental Charge by serving a 7 day notice to the Client. The Company will deem acceptance of any change by receiving any booking on or after the said date of the change. Any changes to these Conditions during a particular Contract are to be made with the written consent of the Client and the Company.
16.2      The Company will use all reasonable endeavours to discharge its obligations under this Contract in a prompt and efficient manner and does not accept responsibility of any failure or delay caused by circumstances beyond its control.
16.3      These Conditions shall be governed by and construed in accordance with the Law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the Courts of England and Wales.