Terms & Conditions Of Hire

Short Term Hire – Up to 7 Days

1. Your Contract With Westwood Motor Group

When you sign the form overleaf you accept the conditions of the rental agreement listed in this document.

PLEASE READ THE AGREEMENT CAREFULLY. IF THERE IS ANYTHING YOU DO NOT AGREE WITH, PLEASE ASK A MEMBER OF STAFF AT WESTWOOD MOTOR GROUP.

2. Rental Period
You will have the vehicle for the rental period shown in the agreement. We may agree to extend this rental period but the rental period may never exceed 30 days.

If you do not bring the vehicle back on time as stated on the rental agreement you are breaking the conditions of the agreement. We can charge you every day or part day that you have the vehicle after you should have returned it to us. We will charge you the daily rate quoted at the rental location until we get the vehicle back.

3. Your Responsibilities
(a) You must look after the vehicle and the keys to this vehicle. You must always lock the vehicle when you are not using it and use any security device fitted in or supplied with the vehicle. You must always protect the vehicle against bad weather which can cause damage. You must make sure that you use the correct fuel. Any damage/ losses as a result of the vehicle being left unsecured will be the sole responsibility of the hirer. In the event of an incident occurring which isn’t covered by insurance then the hirer will be responsible for any costs incurred, including replacement of vehicle.

(b) You are responsible for any damage to the underneath, roof and upper part of the vehicle by hitting any low-level objects such as bridges or low branches.

(c) You must not sell, rent, loan or dispose of the vehicle or any of its parts. You must not give anyone legal rights over the vehicle.
(d) You must not let anyone work on the vehicle without our permission. If we do not give you permission, we will only give you a refund if you produce a receipt for the work.
(e) You must let us know as soon as you become aware of a defect to the vehicle.
(f) You must bring the vehicle back to the location where we agreed during the opening hours displayed at the rental location. One of our staff must see the vehicle to check that it is in good condition. Where we have agreed that you may return the vehicle outside of business hours, you will remain responsible for the vehicle and its condition until it is re-inspected by a member of our staff.
(g) You will have to pay for repairs if:

· The vehicle needs more than our standard valeting (cleaning); or

· You have damaged the inside of the vehicle; or

· You have damaged and/or lost any part of the vehicle
(h) You must check that you have not left any personal belongings in the vehicle before you return the vehicle.

4. Our Responsibilities
We have maintained the vehicle to at least the manufacturer’s recommended standard. We undertake that the vehicle is roadworthy and suitable for renting at the start of the rental period. In addition to the above, if you are not renting the vehicle for business purposes, we are responsible if we break the conditions of the rental agreement in the following ways:

· The vehicle does not correspond to our description of it

· The vehicle is not of the quality that you would be entitled to expect from a rental vehicle

· The vehicle is not fit to drive

· We do not have the right legally to rent out the vehicle.
We are responsible if someone is injured or dies resulting from negligence. We are not responsible for any indirect or unforeseeable loss or damage (indirect losses which happen as a side effect of the main loss or damage). Foreseeable losses are the losses arising directly from, for example, the vehicle breaking down (such as the cost of repairing the vehicle or arranging other transport). You or we may not foresee other losses and so, if you want to be able to claim for other losses, we recommend that you arrange insurance.

5. Property
We are only responsible for the property in the vehicle if the loss or damage is a result of our negligence. 

6. Conditions For Using The Vehicle
The vehicle must only be driven by the person(s) named overleaf, or by anyone we authorise in writing. Any person driving the vehicle must have a full, valid driving license and not be prohibited by law from holding or obtaining such license.
You or any authorised driver must not do the following:

· Carry passengers for hire or reward

· Use the vehicle for illegal purposes

· Use the vehicle for racing, pace-making, testing the reliability and speed of the vehicle, or teaching someone to drive.

· Use the vehicle under the influence of alcohol or drugs

· Carry a number of passengers or baggage which would cause the vehicle to be overloaded or in the case of a commercial vehicle, a payload which exceeds the maximum payload and individual axle plated weights for a purpose which requires an Operator’s License where you do not have one

· Drive the vehicle outside England, Scotland, Wales and Northern Ireland, unless we have given you permission in writing and appropriate charges paid.

7. Charges
We work out our charges using our current price list. As shown overleaf, you will pay the current charges:

(a) The rental and any other charges we work out in this agreement.

(b) Any charge or loss as explained in 3(b), 3(f) and 3(g).

(c) A refuelling service charge if you have used and not replaced more fuel than we supplied originally. The charge is based on the rates published at the rental location.

(d) On demand, all fines and court costs, unpaid parking charges, traffic or other offenses (including any costs which arise if the vehicle which arise if the vehicle is clamped or impounded). You must pay the relevant authority/third party any fines and costs. You must pay the administration fee which we charge when we receive any fine or charge relating to the vehicle.

(e) On demand, the full cost of repairing or replacing the vehicle if it is damaged or stolen (even if it is not your fault). You will not have to pay the cost of repairing or replacing the vehicle if you have purchased our Damage Protection Programme as shown overleaf or you have arranged your own insurance.

(f) On demand, a loss of income charge. We will charge you for this if we are unable to rent out the vehicle because it needs to be repaired, or it is a write-off (can’t be repaired).
We will only charge you for loss of income if we cannot recover the losses under the Damage Protection Programme. We will charge you at the daily rate. We will always do everything we can to make sure the vehicle is repaired or we get payment as soon as possible.

(g) On demand, any charges made by custom and excise resulting from the seizure of the vehicle by them, together with a loss of income charge while the vehicle is unavailable for rental.

(h) Any published rates for delivery and collection of the vehicle.

(i) Interest which we will add every day to any amount you do not pay us on time, at the rate of 4% a year above the base lending rate of Barclay’s Bank from time to time.

(j) Value Added Tax and all other taxes or any of the charges listed above, as appropriate.
You are responsible for all charges, even if you have asked somebody else to be responsible for them.

8. Our Insurance/Damage Protection Programme
If we arrange separate insurance, we will give you separate information on insurance cover and any restrictions which may apply. Otherwise, the condition of our insurance/Damage Protection Programme (including waivers of liability) will apply, as indicated by your acceptance of them by ticking (initialing) the appropriate box overleaf.
(a) We have a legal responsibility to have insurance to meet RTA requirements. This provides cover for claims made if you are injured or kill any third party whilst driving or vehicle, or damage their property (subject to a minimum cover of £250,000).

(b) We will provide cover for loss or damage to the vehicle if you have indicated your acceptance by ticking (initialing) the appropriate box overleaf. If you accept this, you will have to pay the responsibility amount every time you damage the vehicle (the responsibility amount is shown overleaf). Note: Initialling the acceptance of the Collision Damage/Theft/Loss Liability Charge/Waiver Charge, reduces the excess liability amount to that shown on the front page of the Rental Agreement.
(c) We will provide cover for theft and damage to the vehicle caused by an attempt of theft if you have indicated your acceptance by ticking (initialing) the appropriate box overleaf. If you accept this, you still must pay the responsibility amount if the vehicle is stolen. (The responsibility amount you will have to pay is shown overleaf).

You can get details of our minimum legally required insurance and our Damage Protection Programme (including the main exclusions) at the location where you collected the vehicle.

9. Your Own Insurance
You may arrange your own insurance with our agreement by ticking (initialing) the appropriate box over the page for the full duration of the rental, if you can prove that this insurance is valid and you have signed confirmation overleaf.  We must approve the amount of cover, type of policy and the insurer you have chosen. We must be satisfied with the cover and policy conditions and you must not change them subsequently without our consent.
We may ask your insurers to record our name as the owners of the vehicle. If the vehicle is damaged or stolen you will let us negotiate with the insurers about whether the vehicle can be replaced or what compensation is owed to us. You are financially responsible to settle any costs if the policy that you have arranged fails, and the vehicle is damaged, lost, stolen, or claims made by any other innocent party.

10. What To Do If You Have An Accident
If you have an accident you must not admit responsibility. You should get the names and addresses of any person involved, including witnesses. You should also make the vehicle secure, tell the police straight away if any person is injured or there is a disagreement over who is responsible, and call our nearest office straight away. You must then fill out our accident report form and send it to the rental companies address overleaf.

11. Information
You agree that we may use any information you have provided us with to carry out our own market research. If you break the agreement, we can give this information to credit reference agencies, the Driver and vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisations. We can also give this information to the British Vehicle and Leasing Association (BVRLA), who can pass this on to any of its members for any purposes stated in the Date Protection Act 1984.

12. Extending The Agreement
(a) If you are a consumer we will end this agreement straight away if we find out that your goods have been taken away from you to pay off debts, or receiving order is made against you. We will also end this agreement if you do not meet any of the above conditions of the Agreement.
(b) If you are a company, we will end this agreement straight away if: • You go into liquidation
• You call a meeting of creditors
• We find out that your goods have    been taken away until you pay off debts
• You do not meet any conditions of the Agreement.
(c) If we end the Agreement, it will not affect our right to receive any money we are owed under the conditions of the Agreement. We can also claim extra costs from you if you do not meet any of the conditions in this Agreement. We can repossess the vehicle and charge you if we do this.

13. Governing Law
This Agreement is governed by the laws of the country in which it is signed. Any dispute may be submitted to the non-exclusive jurisdiction of the courts of that country. In certain cases, the renting company reserves the right to appoint an Arbitrator.

Flexible Hire – Also Known As Flex-It 28

• 1. ORDERING A RENTAL VEHICLE: The Hirer shall in all cases provide an official order for all rentals to be charged to The Hirer. Reservations are made by MELLING COMMERCIAL LIMITED/ TA WESTWOOD MOTOR GROUP, Referenced in these terms and conditions as WMG and are subject to availability. WMG may supply an alternative model to those listed. WMG reserves the right to exchange the vehicle at any time. The vehicle exchange will be at the convenience of your end-user and WMG within 5 days of our request.
• 2. RENTAL PERIOD: Each rental agreement is 28 days long and is referred hereafter as a Rental Period.
• 3. INSURANCE: The hirer will provide comprehensive insurance for any vehicle hired from WMG, and complete an insurance Indemnity Form. WMG must hold a copy of the Hirer current insurance certificate on file. If these insurance details alter in anyway, WMG must be notified immediately. It is your responsibility to keep insurance valid and up to date at all times; this includes updating your insurance policy if an exchange or additional vehicle is supplied. Note: Insurance Traders Policies are not accepted under any circumstances.
• 4. DRIVERS / LICENCES: It is a legal requirement that WMG need to register valid driving license details on the rental agreement upon delivery of a vehicle. Where a vehicle is covered by customers own insurance, it is not necessary to view each individual hirers driving license. However, to comply with the Law, details of a valid license must be entered on the rental agreement.
• 5. ACCIDENTAL DAMAGE: Any damage is to be reported to WMG immediately, you can carry out repairs up to £100. If the repair cost is greater than £100 then an estimate for repairs will need to be sent to WMG immediately who will then decide where the vehicle is to be repaired. The vehicle will remain on rent to The Hirer until it is repaired and in a rentable condition. WMG will always assist The Hirer in repairing a vehicle as quickly as possible, and at a competitive price. Any charge / invoice relating to an accident such as recovery charges. Road repairs etc. will be invoiced to The Hirer and is due within 7 days The Hirer is responsible for reclaiming any insured losses.
• 6. VEHICLE CONDITION: It is the responsibility of the Hirer or their agent to inspect the vehicle upon delivery and agree the condition of the vehicle with WMG. Upon return of the vehicle, WMG reserve the right to re-inspect the vehicle within 48 hours of collection. If any additional damage is noted, you will be informed together with photographic evidence for the Hirer to see to substantiate WMG’s claim, then this will be invoiced to The Hirer. Should the interior of the vehicle be excessively dirty, a valeting charge will be incurred.
• 6.5 SECURITY OF VEHICLE: It is the responsibility of the Hirer to ensure that the vehicle is secured at all times. Keys should not be left in an unsupervised vehicle and all factory fit security measures should be implemented when the vehicle is not in use. Any damage/ losses as a result of the vehicle being left unsecured will be the sole responsibility of the hirer. In the event of an incident occurring which isn’t covered by insurance then the hirer will be responsible for any costs incurred, including replacement of vehicle.
• 7. BREAKDOWNS / ACCIDENT: All Westwood vehicles are covered by the relevant manufacturers assistance service. Should a breakdown / accident occur the driver should contact the relevant service immediately. Upon inspection of a breakdown, if the vehicle is going to be off the road for 24 hours or more then a replacement vehicle can be provided if required, by WMG or their agent. If the breakdown is due to driver negligence/ poor driving/ accident, any expenses incurred by Westwood are chargeable to The Hirer.
• 8. VEHICLE MAINTENANCE: Whilst a vehicle is on rent it is the responsibility of The Hirer to ensure that oil and water levels are checked regular and replenished to recommended levels when necessary. The costs of these items are the responsibility of The Hirer. The Hirer must also ensure that both tyre condition and pressures are checked regularly. It is your responsibility to repair or replace windscreen/glass damage and keep the vehicle in good condition at all times. Should any fault occur in the running of the vehicle, it is the responsibility of The Hirer to notify Westwood Flex It 28 Terms & Conditions June 21 immediately to prevent further damage. All vehicles are fully maintained, as a new vehicle will be supplied every 3 to 5 months regardless of rental period.
• 9. VEHICLE CHANGEOVER: A vehicle will need to be exchanged for a new one within 5 days when requested by WMG. If a vehicle exchange is cancelled within 48 hours of the date arranged an abortive penalty may be charged. If the contracted vehicle is not returned or collection arranged after WMG giving notice, after 5 days notice period, £10 Plus vat will be charged each day plus the hire until the vehicle is received or collected.
• 10. MILEAGE: You will need to select the mileage allowance at the start of your hire, either 1,000, 2,000, 3,000 or 4,000 miles per Rental Period, excess mileage over that is charged at £0.14 per mile Small Car or Van, 17p per mile, medium car or Van, 31p per mile prestige car, with excess mileage chargeable after every vehicle exchange and vehicle off-hire. Excess miles will be calculated by multiplying the days of hire (from first day of hire to date of exchange or off-hire) by the relevant mileage allowance. Westwood must be notified once the vehicle odometer has covered 9,000 miles. If the vehicle is driven in excess of 10,000 miles on the odometer without the prior written consent of WMG, excess mileage will be charged at £0.50 per mile car or van, £0.70p per mile prestige vehicle.
• 11. PETROL: If a vehicle is returned with less than the reading as recorded on the rental agreement, the refueling cost, to the recorded level, plus a service charge, equivalent to £0.15 per litre on pump prices, will be made and charged to The Hirer. Under Customs & Excise rules, the total cost of this service is subject to VAT. Any petrol used during delivery and collection will also be charged at the above rate.
• 12. PARKING CHARGES / FINES: Any Parking Tickets, Speeding Fines, Congestion Charges & Bus Lane Offence Fines incurred during the rental period will be the responsibility of The Hirer, any such charges will be billed together with an administration fee of £25.00 + VAT. Account customers operating 10 or more vehicles our administration fee of £7.00 plus vat will be added. The renter is responsible for any parking charges and fines or towing fees incurred once the vehicle is delivered and until collected by a representative of WMG. Any vehicles left in a car park and not returned to an agreed location will be subject to collection, towing and or parking charges.
• 13. DELIVERY & COLLECTION: Free of charge for bookings over 3 months in England, WMG will advise of delivery & collection charges for shorter periods and in other areas of the United Kingdom. WMG will specify a delivery / collection day but are unable to specify a time. The Hirer must be present both for collection and delivery of the vehicle or if a company a representative must be available for signature of all necessary paperwork and to agree the condition of the vehicle. Failure to do so will result in all noted damage becoming the Hirers responsibility and being recharged to the Hirer.
• 14. INVOICING / PAYMENT: All Flex it 28 vehicles are supplied on a non credit basis. Payment for all Flex hire vehicle invoices are due 7 days in advance of each Rental Period. All payments are taken by Direct Debit Instruction unless authorised by WMG. All other payment methods do not offer discounted rates and are subject to £50 plus vat per vehicle agreement for payment by standing order or debit card. Late payments are subject to a late payment fee of £50 plus vat per vehicle agreement, additional interest will be charged at 4% above Bank of England base rate, additional administration fees may apply. In the event were WMG reposes vehicles the first vehicle charged at £500 plus vat, all other vehicles £99 plus vat. Additional administration/legal fees may apply.
• 15. VEHICLE TERMINATION: To off-hire a vehicle we require a minimum of 7 working days written confirmation acknowledged by WMG prior to the start of a new 28 day rental period. Unless we received this confirmation WMG will automatically renew the agreement on an ongoing basis. Terminated vehicles can only be collected on Weekdays ( Monday – Friday ) and not at weekends ( Saturday & Sunday ) as we do not have a Defleet department at weekends.
• 16. VEHICLE PRICING: If you select a 3 Rental Period discounted rate and the vehicle is returned early, the minimum charge is 3 rental periods. If you select a 6 Rental Period discounted rate and the vehicle is returned early, the minimum charge is 3 rental periods and will be charged at the 3 Rental Period Rate.
• 17. ABORTIVE BOOKING CHARGES: If you book a vehicle with WMG then cancel the vehicle before delivery a charge will be made for the first 28 day rental period. This charge will also apply if for any reason you book a vehicle then fail to comply with our Terms and Conditions.
• 18. CALL RECORDING: Westwood Motor Group Vehicle Rental records and monitors telephone calls for training and security.
• 19. VARIATIONS TO THIS AGREEMENT: All the terms and conditions outlined in this document will apply at all times unless agreed in writing by WMG. WMG reserve the right to amend the procedure and / or charges set out in this agreement from time to time. Such changes to the procedures and / or charges will be notified to the Renting Company in writing.
• 20. AGREEMENT: The Hirer agrees to the terms as detailed above in this agreement.
• 21. sole trader/partnership, must supply 3 original identity proofs dated with in 3 months of application. Next of kin home address and telephone numbers must be supplied. Proofs of trading must be supplied, bank statements, trade supplier invoices. Limited companies, Directors home addresses, telephone.
• 22. Guarantee/Personal Guarantee: may be required to cover any losses incurred by the hirer/ hirers