HIRE TERMS AND CONDITIONS

1. INTERPRETATION

1.1. In this agreement unless the context otherwise requires, ‘The Owner’ means LUXURY PRESTIGE CAR HIRE LIMITED’ of Unit 9 Blenheim Court, 62 Brewery Road, London, N7 9NY (together with its Assigns and Successors in Title). ‘Vehicle’ means the vehicle the registration number of which is specified on the rental Agreement. ‘Hirer’ means the person or company specified on the Rental Agreement. ‘Conditions’ means the standard terms & Conditions of Hire set out in this document and (unless the context otherwise requires) includes any Special Terms & Conditions agreed in writing between the Owner and the Hirer. ‘Writing’ includes email and comparable means of communication.

1.2. Any reference in these Terms & Conditions to any provisions of the Statute shall be construed as reference to that provision as amended, re-enacted or extended at the relevant time.

1.3. The headings in these Terms & Conditions are for convenience only and shall not affect their interpretation.

2. HIRE

2.1. The Owner hereby hires to the Hirer the vehicle for the hire period in each case as stated on the Rental Agreement upon the terms and subject to these conditions.

3. COMMENCEMENT OF HIRE

3.1. The hiring of the vehicles will commence on the date on which the vehicles are delivered to or made available for collection by the Hirer or their Agents.

3.2. The hirer shall inspect the vehicles upon delivery of them and shall notify the Owner immediately in writing of any defect. If no notification is given it shall be conclusively presumed that the vehicles are complete and in good order and condition and fit for purpose for which they are required and therefore satisfactory to the Hirer.

3.3. The Owner will use all reasonable endeavours to have each vehicle available for delivery or collection on the date specified on the Rental Agreement but the Owner shall not incur any liability whatsoever in the event of any delay.

4. RENTALS

4.1. The Hirer will pay to the Owner in advance the rentals stated on the Rental Agreement, the first such payment to be made prior to the date of commencement of hire and subsequent payments to be made at the consecutive intervals specified as agreed with and without prior demand by the Owner. Time shall be of the essence in respect of the payment of all sums due hereunder and the Hirer shall be deemed to have repudiated this Hire Agreement if any rental or any other payments shall remain unpaid on the due date.

4.2. All payments due hereunder (if not made by Direct Debit) shall be made to the Owner via Bank Transfer or bank or credit card transactions.

4.3. Long terms rental agreements. I understand that the agreement incorporates any further rental agreements signed by the Hirer which relate to the Long term Agreement. I understand that should such an agreement be terminated before its natural expiry date for any reason, I shall be liable for the full rental rate outlined in the Blue Chip Car Hire tariff current during the actual period of completed hire.

5. REVISION OF RENTALS

5.1. The Hirer expressly acknowledges and accepts that the owner shall be entitled to revise the rentals stated on the Rental Agreement (by such amount as the Owner shall in its absolute discretion determine) at any time before the commencement of hire or during the currency of this Agreement by giving thirty days notice in writing to the Hirer.

6. USE OF VEHICLES

6.1. The Hirer may use the vehicles for the purpose of business and for social, domestic and pleasure purposes of its Employees. The vehicles are not to be used, and the Hirer will not permit them to be used, for any purposes for which they are not expressly designed. The Hirer will not use or permit the vehicles to be used for hire, driving tuition, towing, racing or pace making or for competing in any rally, any track event or any other form of motor sport or for any illegal purpose whatsoever.

6.2. The Hirer agrees that it will not:

6.2.1. Without the prior consent of the Owner effect any mechanical or other modifications 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 vehicles and shall belong to the Owner.

6.2.2. Remove or interfere with any identification marks or plates Affixed to the vehicles nor attempt to purport to do so nor permit the same.

6.2.3. Deface the paintwork or bodywork of the vehicles nor add or erect any painting, signwriting, lettering or advertising to or on the vehicles.

7. DUTIES OF THE OWNER

The Owner shall during the continuance of this Hire Agreement:

7.1. Obtain and (subject to the provisions of Clause 8.9 below), pay for the Vehicle Excess Licence and MOT Certificate for the vehicles where required by law.

7.2. Pay or reimburse to the Hirer the cost of regular service and maintenance (including materials, oil and lubricants) in accordance with the Manufacturers’ recommendations having regard to mileage and time intervals, necessitated by any accident or by negligent use or abuse of the vehicles. If the said service or maintenance is not carried out by the Owner or its Agents, the Owner will require proof of the work having been carried out by way of original receipted invoices.

7.3. Provide and pay for all tyres required to be replaced through fair wear and tear or fault manufacture.

7.4. In the event a vehicle becomes temporarily unroadworthy (other than as a result of an accident, theft or vandalism), make available a replacement vehicle (not necessarily of the same type or age) for collection by the Hirer within forty eight hours (or so soon thereafter as its practical after the receipt of notification from the Hirer requesting the same). The Owner may at their discretion from time to time withdraw any vehicle of a similar make and type.

8. DUTIES OF THE HIRER

The Hirer shall during the continuance of this Hire Agreement:

8.1. Pay to the Owner interest at the rate of 2% per month or part thereof on all sums which from time to time may be due from the Hirer to the Owner hereunder and remain for the time being unpaid, such interest being calculated from the due date until actual payment and to be payable as well after as before any Judgment obtained and respect thereof.

8.2. Ensure that the vehicles are operated properly and safely by the drivers who at all times hold valid and current Driving Licences in the appropriate class.

8.3. Deliver and collect the vehicles to and from any maintenance or repairing Agent and pay for the cost of moving any vehicle to a repairing Agent when it has become unroadworthy.

8.4. Pay for all petrol and lubricants for the proper running of the vehicles and ensure that sufficient anti-freeze of the recommended type is at all relevant times maintained in the vehicles radiators.

8.5. Indemnify the Owner against all fines, penalties and liabilities imposed on the Owner or arising in respect of any non-compliance or contravention of any transport, traffic or other law or regulation, together with any costs or expense relating thereto incurred by the Owner.

8.6. Not take or allow any of the vehicles to be taken out of the United Kingdom mainland without receiving the prior written authority of the Owner and, in the event of that authority being given, only on such terms as the Owner deems fit.

8.7. Collect from and return to the Owner or from and to such place as the Owner shall advise any replacement vehicle made available to the Hirer in accordance with Clause 7.4 hereof. The replacement vehicle shall be returned within 24 hours after the Hirer has been informed by the Owner that the original vehicle is ready for collection failing which the Hirer will pay additional rental costs for the replacement vehicle at a rate determined by the Owner for the period which the replacement vehicle is retained by the Hirer.

8.8. Bear the cost of repair or rectification of any damage to the vehicles resulting from negligence or improper use of the vehicles by the Hirer or any person permitted by the Hirer to use the vehicles.

8.9. Pay all costs incurred by the Owner in respect of the supply and fixing of any accessories, extras or additions which may be required by law which are fitted to the vehicles at the request of the Hirer.

8.10. 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 Hire Agreement nor attempt to purport to do so.

8.11. Take all necessary steps at the Hirers expense to retain and recover possession and control of any vehicle of which the Hirer loses possession or control.

8.12. Permit the Owner or its authorised representative’s at all reasonable times to enter upon the premises where each vehicle may from time to time be garaged or parked to inspect and test the condition of the vehicles.

8.13. Notify the Owner of any change in the Hirer’s address and upon request by the Owner promptly inform the Owner the whereabouts of the vehicle.

8.14. In respect of the condition and maintenance of the vehicle, be solely responsible at its own cost for 8.15.1. Regularly checking and adjusting as necessary the radiator, battery and engine fluid levels.8.15.2. Regularly checking the interior and upholstery of the vehicle.

8.15. Not use or permit the vehicles to be used or operated in a manner contrary to any statuary provision or regulation 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.

8.16. To return vehicles within normal business hours as published. The Hirer will be responsible for any damage to unchecked vehicles.

9. INSURANCE

9.1. If the Hirer does not affect his own insurance on the vehicles, the Hirer shall pay the insurance charges shown on the Rental Agreement together with any additional insurance premium payable. If the Hirer does not agree to pay the waiver charge in respect of collision damage liability the Hirer shall be liable for the Owner’s excess.

9.2. If the Hirer is to effect his own Insurance during the currency of the Agreement, the Hirer shall throughout the continuance enforce of the Hire Agreement without prejudice to the liability of the Hirer to the Owner keep the vehicles (including any replacement vehicles provided under Clause 7.4 above) Insured with an Insurance company of good repute or with Lloyd’s underwriters against loss or damage from all risks (including Third Party Risks). The Hirer shall notify its Insurers that the vehicles are on hire from the Owner and request the Insurers to endorse a note of such interest on the Policy of Insurance naming the Owner as loss payee, shall on demand show to the Owner the policy of Insurance, the Premium Receipt and Insurance Certificate and shall not use or allow the vehicles to be used, for any purpose not permitted by the Terms & Conditions of the policy of Insurance or do or allow to be done any act or thing whereby the Insurance may be invalidated. If the Hirer shall make default in the payment of any Premium in respect of the insurance the Owner may pay such Premium in which event the Hirer shall repay the amount thereof to the Owner on demand. The Hirer shall indemnify the Owner against all loss or damage to the vehicle not recoverable under the Policy of the Insurance.

9.3. If any event or accident shall occur which is a risk covered by the Owners or Hirers’ Insurance hereunder the Hirer shall immediately notify the Owner thereof, shall not compromise any claim without the consent of the Owner, shall allow the Owner to take over the conduct of negotiations(except in relation to claims of the Hirer’s personal injuries, loss of use of the vehicles or loss or damage to the property of the Hirer unconnected with the vehicles) and shall at the expense of the Hirer take such proceedings (in the sole name of the Hirer or jointly with the Owner) as the Owner shall direct holding all sums received by the Hirer under its Policy of Insurance on trust for the Owner and paying or applying the same as the Owner directs and as herein provided. If any vehicle is declared a total loss, the Hirer thereof shall terminate. In such event the Owner shall apply any proceeds of Insurance received by it at its option:

9.3.1. Towards replacement or equivalent value which replacement shall be deemed to be included in the Agreement for all purposes and the Hirer shall continue to be liable to pay rental as if such loss had not taken place or,

9.3.2. In or towards payment to the Owner of the sum necessary to compensate the Owner for the loss of profits suffered as a result of the loss of that vehicle.

9.4. The Owner shall have the right to repair or have repaired any vehicle which is the subject of an accident. If the Owner does not choose to do so, the Hirer shall be liable to reinstate or repair at its own expense (but subject to any insurance proceeds under Claus 9.3) shall indemnify the Owner against all and any loss suffered by it in consequence of the termination of this Hire Agreement.

9.5. The Hirer will be liable to pay to the Owner any amount deducted by the Insurance Company by way of excess or in respect of damage caused to the vehicles prior to the date of total loss and (subject to the application of Insurance proceeds under Clause 9.3) shall indemnify the Owner against all and any loss suffered by it in consequence of the termination of this Hire Agreement.

9.6. The Hirer shall pay the Owner before the commencement of the hire any excess on its own Policy of Insurance.

10. GENERAL LIABILITY

This Agreement is personal to the Hirer named on the Rental Agreement and is not assignable by the Hirer. The Hirer shall be personally responsible for all obligations; claims; demands; liabilities; losses; damages; proceedings; costs and expenses arising in the result of this Agreement.

10.1. The Hirer shall be solely responsible for an hold the Owner fully indemnified against all claims; demands; liabilities; losses; damages proceedings; cost and expenses suffered or incurred by the Owner as a result of any accident involving the vehicles (other than the death or personal injury resulting from the negligence of the Owner).

10.2. The Owner does not hire the vehicles subject to any condition or warranty express implied or statutory in connection with the fitness for any purpose or age of the vehicles and any conditions or warranties are hereby expressly excluded insofar as permitted by statute and (save for the Owners liability for death or personal liability caused by the negligence of the Owner) the Owner will not be responsible for any liability claim; loss; damage or expense of any kind or nature caused directly or indirectly by the vehicles or their use.

10.3. The Hirer shall be solely responsible for and hold the Owner fully indemnified against all claims; demands; liabilities; losses; damages; proceedings; cost and expenses suffered or incurred by the Owner as a result of any breach or default on the part of the Hirer in the discharge of its obligation under this Hire Agreement.

11. OWNERSHIP

11.1 The vehicles at all times remain the property of the Owner and the Hirer shall have no rights to the vehicles other than as a Hirer and shall not do or permit or cause to be done any matter or thing whereby the rights of the Owner in respect of the vehicles are or maybe prejudicially affected.

12. TERMINATION

12.1. If the Hirer shall fail to pay any rental or other sum payable under this Hire Agreement (or under any other Agreement between the Owner and the Hirer) on date due (whether demanded or not) or shall commit a breach of other Terms & Conditions whether express or implied of this Hire Agreement (or the Terms & Conditions of any such Agreement aforesaid) or shall do or allow to be done any act or thing which in the opinion of the Owner may jeopardise the Owners rights in the vehicles or any part thereof, then in each and every case the Hirer shall be deemed to have repudiated this Hire Agreement and the Owner may thereupon by Notice in writing to the Hirer terminate this Hire Agreement forthwith.

12.2. If any of the following events shall occur, namely:

12.2.1 If any distress execution or other legal process shall be levied on or against the vehicles or any part thereof or against any premises where the same may be or against any of the Hirer’s goods or other property or the Hirer shall permit any Judgment against it to remain unsatisfied for seven days; or

12.1.2. If the Hirer, being an individual, shall die, shall suffer an 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 Oder; or

12.2.3. If the Hirer, being a Body Corporate, shall enter into liquidation, shall call any meeting of its creditors or shall have a Receiver or Manager of any of its undertakings or assets appointed, or shall suffer the appointment or the presentation of a Petition for the appointment of an Administrator under the provisions of Part II of the Insolvency Act 1986, or shall be deemed by virtue of Section 518 of the Companies Act 1985 to be unable to pay its debts then in each and every such case the Hire constituted by this Hire Agreement shall ipso facto and without Notice terminate and no payment subsequently accepted by the Owner without knowledge of such termination shall in any way prejudice or affect the operation of this Clause.

12.2.4. If the Owner shall at any time commit a material breach of any Terms & Conditions whether express or implied of this Hire Agreement then (provided the Hirer is not itself also in breach) the Hirer may return the vehicles and (without prejudice to its right claim damages for that breach) by Notice in writing to the Owner for all purposes forthwith terminate the hire constituted by this Hire Agreement.

12.3. The Hirer shall upon any termination under Clauses 12.1 and 12.2 above pay to the Owner:

12.3.1. All arrears of rental then due and all other sums accrued due an unpaid at the date of termination, together with interest thereon payable under Clause 8.1 hereof; and

12.3.3. Compensation for the loss suffered by the Owner as a result of such termination, such loss being determined by the Owner having regard to all relevant circumstances; and

12.3.4. Any other sums which are or become due to the owner or to which the Owner is entitled by way of damages.

12.4. The termination of the Hire constituted by this Hire Agreement shall not affect the rights of the owner or liabilities of the Hirer existing at the date of termination.

12.5. On termination of the Hire howsoever occasioned or on expiry of the Hire period, the Hirer shall no longer be in possession of the vehicles with the Owners consent and shall (unless otherwise agreed with the Owner) forthwith return the vehicles (including each vehicle’s spare wheel, tyres, tools, handbook and service vouchers and accessories where fitted) to the Owner at such address as the Owner may direct in good order and in good working condition and at the Hirer’s expense and risk. Without prejudice to the foregoing or to the Owner’s claim for any arrears of rental or damages for any breach by the Hirer of this or any other rights hereunder the Owner or its authorised representatives may at any time after such termination or expiry of the hire period without reasonable notice retake possession of the vehicles and for such purposes enter upon any premises belonging to or in the occupation or control of the Hirer and the Hirer shall be responsible for all costs, charges and expenses so incurred by the Owner at any time in ascertaining the whereabouts of the vehicles and/or the Hirer.

13. CONTINUATION PAYMENT

13.1. Without prejudice to the provisions of Clause 12.5 hereof as from the due expiration of the hire period and until such time as the vehicles shall have been returned to the Owner the Hirer will pay by way of recompense for the continued use of the vehicles a monthly sum (payable in advance) at the same time as the rental payments previously due in respect thereof.

13.2. This Clause shall not confer upon the Hirer any right to the continued use or possession of the vehicles.
14. VALUE ADDED TAX

14.1. All sums due by the Hirer to the owner hereunder shall be increased to include VAT at the rate or rates for the time being in force.

15. OWNERS INTERVENTION

15.1. If the Hirer fails to comply with or commits any breach of any provision of this Hire Agreement , the Owner may without in any way being obliged to do so, or responsible for so doing and without prejudice to the ability of the Owner to treat that non-compliance as an event entitling it to terminate this Hire Agreement under Clause 12 hereof to effect compliance on behalf of the Hire whereupon the Hirer will become liable to pay immediately any sums expended by the Owner together with all costs and expenses including legal costs in connection therewith.

16. FORCE MAJEURE

16.1. Although the Owner will use all reasonable endeavours to discharge its obligations under this Hire Agreement in a prompt and efficient manner it does not accept responsibility for any failure or delay caused by circumstances beyond its control.

17. FORBEARANCE

17.1. No forbearance indulgence or relaxation on part of the Owner shown or granted to the Hirer in respect of any of the provisions of the Hire Agreement shall in any way affect, diminish, restrict, or prejudice the right of the Owner under this Hire Agreement or operate as or be deemed to be a waiver of any breach by the Hirer of the Terms & Conditions of this Hire Agreement.

18. ASSIGNMENT

18.1. The Owner may assign or charge this Agreement or its rights hereunder to any person provided that (for as long as the Hirer is not in breach) any such Assignment or charge shall not affect the Hirer’s right to quiet possession and enjoyment of the vehicles.

18.2. The Hirer may not assign transfer or charge this Agreement or its rights hereunder or thereunder or sublet or lend out the vehicles to any person.

19. ENTIRE AGREEMENT

This document contains the entire Agreement between the Owner and the Hirer and supersedes all oral or written communications and any prior Agreement with respect thereto. Save as where otherwise stated herein this Hire Agreement may not be altered, modified, terminated or discharged except by a written amendment signed by both parties.

20. CONCURRENT REMEDIES

No right or remedy herein conferred upon or reserved to the Owner is exclusive of any other right or remedy herein or by law or equity provided or permitted but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing and may be enforced concurrently therewith or from time to time.

21. NOTICES

Any Notice hereunder shall be in writing and may be served by sending it prepaid first class post or hand delivery (in the case of a limited company) to the address stated herein and in any other case to the last known address of the addressee in proving the service of any Notice it shall be sufficient to prove in the case of posting that the envelope containing the Notice is properly addressed, stamped and posted. Service shall be deemed to be effective in the case of posting at noon on the second business day following the day of posting any Notice delivered to an address by hand shall be deemed to be effective from the date of such delivery.

22. WAIVER OR SET OFF

The Hirer hereby waives all and any future claims and rights of set off against any instalment of rental or any payment due hereunder and agreed to pay the rental and other amounts hereunder regardless of any equity, set off or cross claim on the part of the Hirer or against the Owner.

23. CONSTRUCTION

Where there are two or more parties to this Hire Agreement as Hirer their liability hereunder shall be joint and several. In this Hire Agreement and where the context so admits or requires the masculine gender shall include the feminine or neuter (and vice versa) and expressions in the singular shall include the plural.

24. GOVERNING LAW

The Hire Agreement shall be governed by and construed in accordance with the Laws of England and or Scotland. The Hirer irrevocably submits to the non-exclusive jurisdiction of the English or Scottish Courts.

25. PERIOD OF AGREEMENT

The maximum period of this Rental Agreement must not exceed 28 days.