Terms and Conditions
Your Dream Collection rental is provided by City Group Inter-Rent Ltd T/A The Hertz Dream Collection Poplar Place, Bayswater, London, W2 4AS.
Any dispute concerning the interpretation of the terms, exceptions or conditions of the Rental Agreement shall be resolved in accordance with the jurisdiction of the territory in which the Rental Agreement was issued.
- 1.(a) In these terms and conditions: 'We' are the company referred to as City Group Inter-Rent Ltd T/A Hertz Dream Collection in the Rental Agreement, and 'You' are either the company or person referred to as the hirer in the Rental Agreement. 'Vehicle' means the vehicle detailed in the Rental Agreement. 'Rental Agreement' means the Rental Agreement signed by you which incorporates these Terms and Conditions and is subject to the terms of the insurance policy.
(b) You shall be bound by the following terms and conditions which will incorporate the details in the Rental Agreement.
(c) All current tariffs, rates and insurance policies referred to in the Rental Agreement and herein may be inspected at our offices.
- 2. The Rental Agreement includes insurance cover for the Vehicle which has an excess as indicated on the Rental Agreement and the following terms will apply;
· (a) The Rental Agreement is subject to, and includes, all the terms of our insurance policies.
· (b) The Vehicle may only be driven by the following people;
o - You personally
o - The person who signed the Rental Agreement on your behalf if you are a company
o - Any additional driver authorised by us if that person has completed an insurance proposal form and we have accepted it.
· (c) If You or any authorised additional driver(s) are involved in an accident, the security deposit will be frozen until it is confirmed that no insurance claim will arise against City Group Inter-Rent Ltd T/A Hertz Dream Collection Policy.
· (d) Any damages to the Vehicle including excessive tyres and clutch wear found upon return inspection will be deducted from the security deposit held by City Group Inter-Rent Ltd T/A Hertz Dream Collection Policy.
· (e) Our insurance will not give you complete coverage. The amount of which you are not covered is called the Excess
· (f) If you or anyone on your behalf deliberately causes damage to or the loss of the Vehicle then you will have to pay the cost of repair or replacement of the Vehicle in full, even it was insured at the time.
· (g) All accidents must be reported within 24 hours and an accident report form completed. Failure to do this may result in the insurance cover becoming invalid.
- 3. If you have indicated in the Rental Agreement that you want to provide your own insurance for the Vehicle then the following terms will apply;
- (a) It is your responsibility to insure the Vehicle from the moment you take it until the time that it is returned to us. You must insure it to its full value, against loss or damage (including windscreen damage) by accident, fire or theft, under a comprehensive insurance policy with a reputable insurance company. You must supply us with full details whenever we ask for them, and you must tell the insurance company to note our interest in the policy.
- (b) You hereby authorise your insurer to communicate directly with us and give us any information we require. You also authorise us to take over any claim which you may have which relates to the Vehicle and to negotiate and settle that directly with your insurer.
- (c) You must not use or permit the Vehicle to be used in breach of the insurance policy. If any money is paid out under the policy which relates to the Vehicle then you must ensure that the money is paid directly to us.
- (d) If you do not insure the Vehicle comprehensively, and we suffer loss as a result, you must compensate us for that loss.
- (e) If for any reason the amount that we receive from the insurance company is less than the loss that we suffer you must pay us the difference.
- (f) If for any reason the Vehicle is damaged whilst on hire to you, a Loss-Of-Use charge will apply whilst the Vehicle is under repair/unavailable for hire. The Loss-Of-Use charge is equal to the pro-rata daily hire rate and applies for each day the vehicle is unavailable for rental.
- (g) In the event that the Vehicle is written-off by the insurance company, a Loss-Of-Use charge will apply (as in section 3(f) above) until the full value of the Vehicle has been paid for and received by us.
- 4. Any person signing this agreement on the behalf of a company must be fully authorised to do so, and if not so authorised will be personally liable to pay all sums due under this agreement to the extent that the company fails to pay them.
- 5. The maximum period for which you are allowed to keep the vehicle under the Rental Agreement is from the 'Date Out' until the date 'Due In' referred to in the Rental Agreement. However;
- (a) We are entitled to terminate this agreement if you break any of the terms, and you must return the Vehicle immediately.
- (b) We are entitled to call for the return of the Vehicle earlier that the date 'Due In' shown on the Rental Agreement, even if you have not broken any of the terms of the Rental Agreement, but we must then provide you a comparable vehicle.
- (c) In any event, the maximum period for which you can hire the vehicle is 90-days.
- 6. If you keep the Vehicle beyond the date and time 'Due In' (or after we have required its return, as above) then, in addition to any claim for compensation that we may bring, you will also have to pay charges in accordance with our current tariff that may from time to time be in force.
- 7. We are not liable to you for any loss of or damage to any property that is carried in the Vehicle, and we do not accept responsibility for any property that you leave in the Vehicle when you return it, unless we have been negligent. If any third party brings a claim against us for property that is carried or left in the Vehicle, you must indemnify us for that claim.
- 8. The Vehicle must not;
- (a) be taken outside England, Wales, Scotland, Northern Ireland or any British Isle on which the hiring commenced, without the prior written permission.
- (b) be used other than on a public highway or a suitable paved area which is designed to carry motor vehicles.
- (c) be used to propel or tow any other vehicle or trailer, unless it is equipped for the purpose and we have given our permission.
- (d) be used to carry passengers for hire or reward or for any driving tuition, unless you obtain our prior written permission and you must provide your own insurance under clause 3.
- (e) be used for any unlawful purpose, or for racing, pacemaking, competitions or speed testing, nor must it be used in any unlawful manner.
- (f) be used in such a manner that it is overloaded (whether in total or in respect of any axle or any other part) or is carrying more passengers or goods that it was designed to carry or may lawfully carry.
- (g) be used in such a way as to make to insurance on the Vehicle invalid.
- (h) be used in breach of the Road Traffic legislation or the Construction and Use Regulations.
- (i) be used by any person who is not licensed and insured for it.
- (j) be used by any person who is under the influence of alcohol or drugs.
- (k) be used in the event of any mechanical, electrical or structural failure or damage, if further damage would be caused as a result.
- (l) be altered or added to in any way whatsoever.
- 9. You are not allowed to carry out any repairs (or let anyone else do so) if the cost of those repairs is more than £25.00, unless you get written permission first. If we do authorise any repairs then we will refund the cost to you if you produce a VAT receipt and whatever parts you have replaced
- 10. If you break any of the terms of the Rental Agreement we are entitled to treat the Rental Agreement as terminated and to repossess the Vehicle. You hereby authorise us to enter your property to do so if necessary.
- 11. You are liable for certain charges as if you were the owner of the Vehicle. Those charges are;
- (a) Any fixed penalty offence committed in respect of that Vehicle under Part III of the Road Traffic Offenders Act 1988 or the Road Traffic Act 1991, as amended, replaced or extended by any subsequent legislation or orders and any such offence committed under the equivalent legislation applicable to Scotland, Northern Ireland or any British Isle upon which the Vehicle is being used.
- (b) Any excess charge which may be incurred in respect of that Vehicle in pursuance of an Order under section 45 and 46 of the Road Traffic Regulation Act 1984, or the Road Traffic Act 1991 as amended, replaced or extended by any subsequent legislation or orders and under the equivalent legislation applicable to Scotland, Northern Ireland or other British Isle.
- (c) Any financial penalty or charge which may be demanded by a third party as a result of the Vehicle having been parked or left upon land which is not a public road.
- 12. You must;
- (a) pay the hiring charges published in our current tariff unless different charges have been agreed between us in writing.
- (b) pay for all fuel and any refuelling charge.
- (c) pay for any accessories, tyre, tools or equipment which are lost, stolen or damaged.
- (d) pay our costs of recovering the Vehicle in the event that you fail to return it to us as required by (j) below.
- (e) pay any penalties, fines and court costs incurred in the use of the Vehicles before it is returned to us.
- (f) safeguard our interests in the event of an accident involving the Vehicle, by obtaining the names and addresses of all relevant drivers and witnesses, details including registration numbers of any other vehicles involved, securing the Vehicle and, where appropriate, notifying the Police.
- (g) ensure that the correct tyre pressures, engine oil level, battery fluid level, screen wash level, coolant level and automatic transmission oil level (where fitted) are maintained throughout the period of hire.
- (h) ensure that the Vehicle is always locked when unattended, and take all reasonable steps to prevent loss of or damage to the Vehicle, or its tyres, tools, accessories, equipment or contents.
- (i) inform us immediately if the Vehicle is damaged, lost or stolen, or develops any fault or requires servicing, and allow us to carry out essential repairs or servicing.
- (j) return the Vehicle (together with all its accessories, tyres, tools and equipment) to our representative at the place where it was hired (unless a different place is specified in the Rental Agreement) during business hours, at or before the date 'Due In' shown on the Rental Agreement or earlier if we require it. The Vehicle must, when you return it, be in the same condition as when you hired it (fair wear and tear excepted), and must be clean and tidy (normal traffic grime excepted).
- 13. The Hirer acknowledges that the Finance Houses used by the Lessor to fund Goods have certain rights under this Agreement, even though are not signatories of the same. These rights include:
- The right to visit or enter the Hirer's place/s of business to ascertain the whereabouts of any Goods funded by them;
- The right to uplift the Goods if the Hirer is in payment arrears to the Lessor or if the Lessor is in any breach (or howsoever described) under any Agreement between the Lessor and the Finance House;
- In the event that the Lessor enters administration, receivership or liquidation and has not paid the Finance House for the Goods, the Finance House has the absolute and immediate right to enter the Hirer's premises or those of the Hirer's customers to identify the whereabouts and uplift the Goods;
- Alternatively, the Finance House may, at its complete discretion and without prejudice to their rights agree to enter into a direct relationship with the Hirer to continue leasing the Goods until the end of the Contract Period under this Agreement.
- Subject to the Finance House's agreement, if the Lessor goes into administration, liquidation or receivership the Hirer shall be entitled to make Rental payments to the Finance House directly so as to avoid termination of the Contract Period of that Agreement; such payments must be made without set off, deduction or counterclaim.
Motor Insurers and their agents share information to prevent fraudulent claims and to assess whether insurance cover can be offered in dealing with the proposal, registers may be searched. In the event of a claim, the information supplied on this form and the claim form may be put on the register and made available to others. Insurers and their agents reserve the right to confirm license details with the DVLA.