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In the rental agreement the following words shall have these meanings assigned to them:
ERC: Express Rent A Car Limited
Hirer: Hiring party described on the rental agreement
Driver: Person(s) qualified and accepted as a driver in writing by ERC. It is stipulated that the contract be binding in its entirety on the Hirer & Driver(s) equally should they be two or more persons.
Vehicle: The vehicle(s) described in the rental agreement or by replacement thereof
Check Sheet: schematic reproduction of the vehicle on the rental agreement upon which all pre-rental damage is marked (recorded)
The Hirer agrees:
(1) The vehicle is handed over in good condition, save body defects, which are present and marked on the rental agreement. The vehicle will be returned to ERC in the same condition as when it was rented, save reasonable fair wear. ERC reserves the sole right to judge any damage sustained during the rental period is ‘fair wear’ or chargeable under the conditions of the Excess.
(2) To take every step necessary to keep the vehicle safe, secure, out of harms way and every precaution possible when parking and driving. Stow all goods out of sight so not to target the vehicle for theft & vandalism. The hirer indemnifies ERC from all responsibility and liability for any goods or substances carried in or on the vehicle and further agrees ERC has no liability or responsibility in respect of any injury, loss or damage whatsoever arising from the use of the vehicle nor shall ERC be liable for any direct, indirect or consequential loss or damage caused in connection with the vehicle. The Hirer further indemnifies ERC free of responsibility in respect to any goods left in or lost from the vehicle
(3) To pay ERC an interest levy of 2% per month or part thereof (compound interest) for any moneys whatsoever owed by the Hirer to ERC. It is further agreed there shall be no financial set-off of any description between ERC and the Hirer.
(4) The rental day is computed as multiples of 24 hours. The rental day ends 24 hours after inception of the agreement. The Hirer is bound to return the vehicle on the due date, time and place set out in the rental agreement. If the vehicle is returned late, there is a 60 minute grace period after which time 20% of the daily rate per hour is payable up to a maximum of one full day. All timekeeping shall be measured by devises exclusively operated by ERC. If the car is returned earlier than the agreed time and date no refund shall be made.
(5) Only those with written permission from ERC may drive the vehicle. If any person is identified by ERC as being an unauthorized driver all insurance from inception of the agreement is immediately rendered null and void. A penalty is imposed to discourage uninsured driving and to contribute to extra administration costs.
(6) A booking will be held open for 1 hour after the agreed pick-up time (other than after the l branch closing time) £25 is charged if the booking is ‘no show’.
(7) The Hirer is so advised a large percentage of the rental fee includes insurance premium. Non-payment of the rental fee is therefore non-payment of insurance. If there is no insurance no benefit can be claimed under the insurance cover provided by ERC, who routinely authorize the credit card to ensure it serves its purpose in accordance with the rental agreement. Insurance is integrally tied to the credit card. If this ceases to function so does the insurance on the vehicle. Non-payment means no insurance cover effective from the commencement of the agreement.
(8) The Hirer & any driver(s) shall ensure the vehicle will not be used:
* For hire & reward or any paid (direct or otherwise) work involving the vehicle in any manner whatsoever unless agreed in writing by ERC.
* For any racing, peacemaking, rallying, speed testing, driving tuition, propelling or towing any vehicle, trailer or object.
* In any manner which might render the insurance policy void. The Hirer shall indemnify ERC in full and on demand pay for any losses sustained by ERC for non-compliance with the insurance policy in effect at the time.
* By any person having no driving license and/or unauthorized to drive by ERC.
* By anyone who is under the age of 23 or over 70 years of age, unless authorization is given by ERC in writing.
* By any person under the influence of Alcohol or drugs to any extent whatsoever. In the event of any claim arising in connection with the vehicle where the driver is found to have any quantity of alcohol or drugs in his/her system the insurance cover will be rendered void from inception of the agreement.
* By any person who has given an incorrect name, age or address, used a false or stolen driving license or I.D. to procure a vehicle and/or has not been approved by ERC as a driver will render the insurance null & void.
* Has been convicted of any motoring offences the of which the details have not been voluntarily disclosed to ERC as tacit agents of their insurers on or before commencement of the hire.
(9) Travelling to Ireland. Channel isles, Isle of Man or any part of mainland Europe is expressly forbidden without the correct written authority, insurance and laser-passer. Attempt to travel to any of these places will immediately void all insurance cover from commencement of the rental and will incur a penalty charge The cost of any damage or any losses whatsoever sustained to the vehicle in these territories is payable to ERC in full. The Hirer indemnifies ERC against all claims whatsoever & however caused if travelling in the prohibited countries without authority from ERC.
(10) The Hirer agrees to pay on demand all and any rental charges, Insurance Premiums, refuelling costs, parking fines and any penalties levied by an authorized body in relation to the vehicle together with any contractual miscellaneous charges.
(11) The Hirer hereby gives ERC authorisation to charge any payment referred to in the agreement to the credit card forthwith and without prior notice.
(12) The Hirer will compensate ERC in full and on demand for any loss suffered in respect to any damage (from any cause) fire, theft to or from the vehicle including loss of revenue (at the same rate noted in the rental agreement) during the period the vehicle shall remain unavailable for rental unless effective insurance is provided to cover these eventualities.
(13) No insurance is provided where there has been a claim, which has not been reported by the Hirer and/or Driver on an officially approved form provided by the appropriate insurers and/or agent appointed by ERC.
(14) ERC will always try to collect the vehicle at the time agreed but cannot accept any parking tickets arising from late collection of the vehicle. It is the hire’s responsibility to ensure that the vehicle is safely parked and to feed the metre if needed.
(15) No insurance is provided by ERC for death, personal injury or medical expenses and personal losses connected to the vehicle whatsoever. ERC recommended the Hirer take out his/her own insurance to cover all such eventualities.
(16) The Hirer/driver hereby undertakes not to give up or hand the keys to the vehicle to any person not approved by ERC. If the vehicle is then stolen, the Hirer must compensate ERC for all losses sustained consequential to the loss of the vehicle, which will remain on hire until the vehicle is recovered. The Hirer will compensate ERC for any damages sustained to the vehicle consequential to its loss.
(17) The Hirer will promptly pay all fines and penalties involved with the vehicle during the term of the rental together with any fees imposed by ERC or its agents for managing or dealing with or selling any such penalties.
18) The Hirer shall not sell, pledge or permit a lien on the vehicle for any purpose. The Hirer hereby acknowledges ERC irrefutable and absolute title to the vehicle.
(19) A refund of any description is not permitted.
(20) If ERC agrees to a change in the collection date or extension of a rental, any increase in rental fees is payable if a higher rate applies subsequent to the change.
(21) It is agreed ERC is under no obligation to provide any particular make, model or colour of vehicle. If a vehicle becomes faulty during the period of hire for any reason ERC will cease the rental forthwith. It is hereby agreed that ERC is under no obligation to provide a replacement vehicle of any type under any circumstances.(22) The Hirer and all Drivers must present a valid credit card, drivers licence and a form of address ID e.g. utility account, at the time of collecting the vehicle or adding themselves as named drivers. All ID must be less than 2 months old. Mobile phone bills are not acceptable. If this clause is not complied with then a vehicle will not be released and the reservation will be regarded as ‘No Show’. Address ID must identify the Hirer and drivers current address.
(23) ERC is anxious to preserve the safety of the vehicle and the public at large. ERC will not release the vehicle
(a) if there are any driving endorsements not voluntarily disclosed at the time of reservation or collection of the vehicle
(b) if the driver, in the sole opinion of ERC, is either not fit or deemed unfit to drive for any reason or
(c) in ERC sole discretion, the Hirer and/or driver has a belligerent or aggressive attitude, which could also be transferred to a dangerous driving style-the contract of hire then becomes under duress, the vehicle will not be released and any outstanding agreements
become instantly null & void. ERC is under no obligation to hand over a vehicle.
(24) The Hirer will, on demand, disclose the whereabouts of the vehicle and the keys. The Hirer hereby gives his/her permission to ERC and its agents to enter onto any property deemed to be in the Hirer’s control with the express purpose of retrieving the vehicle.
(25) The Hirer and driver(s) hereby indemnify ERC against all and every action; consequence, incident or accident while the vehicle is in the Hirer’s legal charge. The Hirer hereby indemnifies ERC free from all and any legal, civil or criminal action contemplated, threatened or taken against ERC, its associates and assigns for any reason whatsoever. The Hirer indemnifies and renders ERC free from liability for the actions of the driver under any circumstances whosoever and for any damage or accident howsoever caused.
(26) If ERC needs to provide another vehicle for whatever reason, ERC cannot be liable for any extra fuel, which may be left in the vehicle. ERC does not work on a fuel tank basis and whatever amount of fuel is provided; this should be the same on return of the vehicle.
(27) Due to the high cost of dealing with Credit/Charge Card company ‘Chargebacks’ there will be a fee of £49.95 per ‘chargeback’ if the Hirer has not consulted the ERC and obtained a customer service reference number prior to attempting to evade the charge via the credit card company.
(28) All drivers aged 23-70 must own a functioning credit card together with a valid drivers licence. All drivers must have held a full drivers licence in excess of 366 days.
(29) The laws of England govern this agreement. If any provision of this agreement becomes invalid or unenforceable the remaining provisions shall not be affected. All prices are quoted in GB Pounds (Sterling)
(30) Repossession for any reason is charged at 1.50 per mile (minimum 75.00) for all miles travelled to collect the vehicle.
(31) For reasons of security of the Hirer and Driver hereby agree to emboss there thumb print onto the rental agreement upon request. Failure to provide a good impression will result in the rental or any extension thereof being discontinued.
(32) Fines imposed by Transport of London for contravention of the Congestion Charge regulations will be dealt with in the same manner as any other fixed penalty.
(33) This contract shall not exceed 90 days in duration