Vehicle Hire Terms and Conditions of Business
The Customers’ attention is drawn to paragraphs 5.1, 5.3, 5.4, 6.1.2 and all of paragraph 8
These Hire Terms (“Terms”) apply to the Hire of the Vehicle specified in the Hire Sheet.
1.1 In these Terms, the following definitions will have the following meaning:
“Contract” these Terms, the Hire Sheet and (if applicable) any additional terms specified in the Hire Sheet;
“Customer” the party hiring the Hire Vehicle from Recovery World;
“Deposit” the amount specified in the Hire Sheet;
“Hire Period” the period during which the Customer has possession of the Hire Vehicle;
“Hire Price” the daily price of hire as agreed by the Customer and Recovery World or as specified in the Customer’s booking confirmation, the price outlined within the booking confirmation supersedes any previous quotes provided by Recovery World;
“Hire Sheet” Recovery World’s Hire Sheet which specifies details of the Customer’s order;
“Hire Vehicle” the vehicle specified in the Hire Sheet;
“Recovery World” Recovery World Limited (registered number 4123198) whose registered office address is at 4 Pavilion Court, 600 Pavilion Drive, Northampton Business Park, Northampton
NN4 7SL; and
“Start Date” the date on which the Customer first takes the Hire Vehicle.
2. Agreement for Hire
2.1 The Customer hereby agrees to hire the Hire Vehicle upon the terms of this Contract.
3. Collection and Return
3.1 Unless otherwise confirmed in writing, the Customer will collect the Hire Vehicle at Recovery World’s place of business on the Start Date. If Recovery World delivers the vehicle, the Customer will pay Recovery World’s delivery charges.
3.2 Upon collection and return of the vehicle the Customer must ensure themselves or their appropriately authorised representative are present to review the vehicle with a member of Recovery World’s staff, noting any damage to the vehicle including scratches or marks and to sign confirmation of any details noted. In accordance with paragraph 5.1 of these terms the Customer will be liable for the repair of any damage noted upon return that was not noted upon collection.
3.3 Should the Customer or their appropriately authorised representative not undertake the above, the records made by Recovery World staff upon collection and return are agreed as accurate and the Customer shall be liable as above for any damage noted upon return that was not present upon collection.
4. Payment and Deposit
4.1 Payment of the Hire Price and the Deposit is due in cash (or otherwise in cleared funds) on collection. The balance of any fees due under this Contract shall be due and payable upon return of the Hire Vehicle. The Customer shall pay the Hire Price for all days comprised in the Hire Period.
4.2 Payment of any Recovery World invoice shall be made by the Customer no later than 5 days after receipt, unless otherwise agreed and confirmed in writing by Recovery World prior to the Start Date.
4.3 Recovery World shall be entitled to deduct from the Deposit any fees due to Recovery World under this Contract and, subject to such deduction, Recovery World shall repay the Deposit to the Customer within 7 working days after the return of the Hire Vehicle.
4.4 Unless otherwise stated in writing by Recovery World, the Hire Price will be expressed exclusive of value added tax and all additional cost or charges, for which the Customer will be liable under these Hire Terms.
4.5 Credit card details may be requested at time of rental and all applicable charges may be charged to the credit card, to include any additional costs arising in the Hire Period. If requested a credit card from a major credit card company will be required for security when taking a Hire Vehicle and will need to be in the name of the principal driver, the Customer or the Customer’s appropriately authorised representative. It is the Customer’s responsibility to ensure that the person providing their credit card understands and accepts the charges which may be made to it. Recovery World reserve the right to request alternate card details be provided.
5. Risk, Insurance and Title
5.1 The Hire Vehicle is at the risk of the Customer from the time of collection. Unless agreed in writing by Recovery World the Customer is responsible for the full cost of repairing or replacing the vehicle if it is lost, damaged, stolen or if the Hire Vehicle is written off (even if it is not the Customer’s fault).
5.2 The Customer will effect at its own cost fully comprehensive insurance cover without any accidental damage excess in respect of the Hire Vehicle to the value as agreed with Recovery World prior to the Start Date, and the Customer shall produce confirmation of such insurance to Recovery World for inspection before taking delivery of the Hire Vehicle.
5.3 If the Hire Vehicle is damaged during the Hire Period or not returned to Recovery World in the same condition as it was when collected by the Customer, the Hire Vehicle remains on hire to the Customer and the Customer retains liability to pay the daily Hire Price until such time as the Hire Vehicle is returned to Recovery World in the condition upon which it was hired, this being a condition whereby it can be re-hired without the requirement for further work to be undertaken to the vehicle.
5.4 If the Hire Vehicle is so badly damaged during the Hire Period as to be written off by the Customer’s insurance as required in paragraph 5.2 the Customer will be liable to pay to Recovery World the value of the Hire Vehicle to cover this loss;
5.4.1 Recovery World will accept payments made under paragraph 5.4 from either the Customer’s insurance company or the Customer themselves. Recovery World reserves their discretion to accept payments from another source and may require upon demand further information regarding the source of payment prior to accepting the payment and discharging the Customer’s obligations under these Hire Terms;
5.4.2 the value of the Hire Vehicle as referenced in paragraph 5.4 is to be agreed by Recovery World and the party making payment under the above provisions;
5.4.3 the Customer remains liable to pay the daily Hire Price of the Hire Vehicle until such time as payment of the value of the Hire Vehicle has been received by Recovery World;
5.4.4 if the Customer’s insurers should forfeit, the Customer themselves remains liable to pay the value of the Hire Vehicle in accordance with paragraph 5.4;
5.5 Recovery World retains title to the Hire Vehicle at all times and the Customer shall at no time dispute such title.
5.6 The Customer’s right to possession of the Hire Vehicle will terminate immediately:
5.6.1 if Recovery World revokes the Customer’s right upon written notice; or
5.6.2 on the occurrence of any of the events listed in clause 7.
5.7 Recovery World will be entitled to recover the Hire Vehicle immediately if the Customer’s right to possession ends in accordance with clause7.
5.8 The Customer grants Recovery World and its agents an irrevocable licence to, at any time, enter any premises where the Hire Vehicle are or may be stored in order to inspect the Hire Vehicle, or, where the Customer’s right to possession has terminated, to recover the Hire Vehicle.
6. Customer Obligations
6.1 The Customer warrants that it shall:
6.1.1 be the sole driver of the Hire Vehicle, or restrict drivers to those covered by the comprehensive insurance as required by paragraph 5.2
6.1.2 if not the sole driver of the vehicle ensure that any other driver or authorised representative complies with the Terms of this Contract. The Customer shall at all times retain liability under the Terms of this Contract.
6.1.3 ensure the driver of the vehicle has held a full driving licence for a minimum of 12 months, such licence being correct for the vehicle class being hired;
6.1.4 pay for all fuel and oil consumed during the Hire Period and return the Hire Vehicle with the same level of fuel as provided on the Start Date and noted on the Hire Sheet;
6.1.5 accept full responsibility for any road traffic offences committed by a driver during the Hire Period;
6.1.6 only use the Hire Vehicle on the United Kingdom mainland, unless previous written authority has been given by Recovery World;
6.1.7 ensure the Hire Vehicle is returned in the same condition, in terms of its cleanliness as it was on collection. This relates to both the interior and exterior of the Hire Vehicle, if the Hire Vehicle is not returned in the same condition in which it was at the time of collection, the Customer will be liable to pay upon demand up to £150.00 for the cleaning of the Hire Vehicle;
6.1.8 promptly return the Hire Vehicle upon request by Recovery World;
6.1.9 carry out the day to day checks and maintenance on the Hire Vehicle as recommended by the manufacturer in accordance with the owner’s handbook;
6.1.10 ensure that the Hire Vehicle’s capacity as defined on the capacity plate located within the Hire Vehicle is not exceeded at any time during the Hire Period;
6.1.11 be responsible for all punctures and damage to the windscreen of the Hire Vehicle during the Hire period, the Customer is responsible for the repair of the damage or puncture and is liable for the cost of such repair. The Customer must inform Recovery World of the puncture or damage as soon as it occurs but is not required to obtain their authorisation for repairs to be undertaken;
6.1.12 promptly advise Recovery World if the Hire Vehicle suffers a breakdown, fault or accidental damage and carry out Recovery World’s instructions in accordance with such breakdown or damage;
6.1.13 ensure no repair or work is undertaken on the Hire Vehicle without written authorisation having been received from Recovery World, save for work to repair punctures of damage to the windscreen in accordance with paragraph 6.1.11;
6.1.14 where in accordance with paragraph 5.1 Recovery World have agreed in writing they will accept liability for the cost of the work to be undertaken on the Hire Vehicle, to ensure the relevant work is facilitated in accordance with 6.1.13 and that the invoice for the work is forwarded directly to Recovery World. Recovery World shall not make payment in advance for any work to be undertaken and shall only make payment once an invoice has been provided, should no invoice be provided to Recovery World the Customer retains liability to settle the invoice;
6.1.15 advise Recovery World of any warning lights that come on on the Hire Vehicle as soon as they appear. Failure to do so may result in damage to the vehicle for which the Customer will be liable as outlined in paragraphs 5 and 6.1.1 of these Terms;
6.1.16 pay to the appropriate authority all applicable charges relating to its use of the Hire Vehicle, fines and court costs for parking and traffic offences (including clamping). If not, the Customer will be liable for a reasonable administration charge when Recovery World has to deal with these matters.
6.2 The Customer will, upon demand, indemnify Recovery World against all loss, damage, cost or expense or any other liability which Recovery World incurs or suffers as a result of the Customer breaching any of its obligations under the Contract.
6.3 Should the Customer instruct an authorised representative to facilitate functions as required under this Contract particularly under paragraphs 3 and paragraph 4.5 they must provide Recovery World with written confirmation of the representatives details prior to the Start Date and Recovery World must consent to this in accordance with Paragraph 9.3.
7.1 Recovery World will have the right, without prejudice to its other rights or remedies, to terminate the Contract immediately by notice to the Customer:
7.1.1 if the Customer is in material or persistent breach of any of its obligations under any Contract and either that breach is incapable of remedy or the Customer has failed to remedy that breach within 30 days after receiving written notice requiring it to do so; or
7.1.2 if the Customer (being an individual) has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors, or enters into liquidation (except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation), or has a receiver or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer, or the Customer ceases or threatens to cease to carry on its business.
7.2 On termination of the Contract, the Customer will on demand reimburse Recovery World in respect of all fees due under the Contract.
8. Limitation of liability
8.1 Recovery World does not exclude or limit its liability to the Customer for death or personal injury or breach of any obligations implied by s12 Sale of Goods Act 1979 or s2 Supply of Goods and Services Act 1992 or as amended by the Consumer Rights Act 2015.
8.2 Subject to clauses 8.1 and 8.3, the liability of Recovery World in respect of breaches of the Contract or of any other duty to the Customer or for negligence in connection with the subject matter of the Contract shall be limited to the Hire Price.
8.3 Subject to clause 8.1, in no event will Recovery World be liable to the Customer for any of the following however and whenever arising:
8.3.1 loss of profits, business, revenue, data, goodwill or anticipated savings; and/ or
8.3.2 indirect or consequential loss or damage.
8.4 Each party agrees that the limitations of liability contained in these Terms have been discussed, negotiated and agreed between the parties in the context of the other provisions of the Contract and satisfy the requirement of reasonableness within the meaning of s2(2) and s11 of the Unfair Contract Terms Act 1977.
8.5 The parties expressly agree that should any limitation or provision in the Contract be held to be invalid under any applicable statute or rule of law it will to that extent be deemed omitted but if any party thereby becomes liable for loss or damage which would otherwise have been excluded such liability will be subject to the other limitations and provisions set out in the Contract.
9.1 The Contract will contain the whole agreement between the parties in respect of subject matter of the Contract and supersedes any prior written or oral agreement between them relating to it and the parties confirm that they have not entered into the Contract on the basis of any representations that are not expressly incorporated in the Contract. Nothing in the Contract will, however, operate to limit or exclude any liability for fraud.
9.2 No amendment to the Contract will be binding unless made in writing and signed by duly authorised representatives of both parties.
9.3 The Customer will not assign, charge or otherwise transfer to a third party any of its rights or obligations hereunder without the prior written consent of Recovery World.
9.4 The Customer retains liability under this Contract at all times and cannot contract out or assign their liability owed to Recovery World to another, such as any authorised representative, whose sole function will be to conduct tasks specified by the Customer, in accordance with paragraph 9.3 it is the Customer who shall remain liable to ensure compliance with the rights and obligations of the Contract.
9.5 No waiver of any breach of the other party’s obligations hereunder will represent a waiver of the waiving party’s rights hereunder or of any subsequent breach.
9.6 If any provision of the Contract is held to be void or unenforceable in whole or in part, the Contract will continue to be valid as to the other provisions thereof and the remainder of the affected provision.
10. Applicable Law
10.1 The Contract is governed by and construed in accordance with the laws of England and Wales and each party to the Contract submits to the exclusive jurisdiction of the English courts.