Vehicles rented to Hirer are subject to all the following terms and conditions from the start of the hire until the return of the Vehicle into the physical custody of Kenhire (herein called the rental period).
The Hirer will be required to sign a rental agreement agreeing to these terms at the start of the hire. Should the person signing this agreement not be the Hirer, he or she warrants that they are authorised to sign for the Hirer and by doing so is jointly and severally liable with the Hirer.
1. RETURN OF VEHICLE
Hirer will return the Vehicle, with all tyres, tools, accessories and equipment, in the same condition as when received, normal wear and tear excepted, to Kenhire on the date and time specified, or sooner if demanded by Kenhire (such demand not to be made without reasonable cause). If Vehicle is not returned when required or if Kenhire have agreed that Vehicle can be returned or off-hired outside business hours, Hirer will remain responsible for the Vehicle and all charges until a member of Kenhire’s staff has inspected it on our premises.
2. USE OF VEHICLE
(a) inspect the Vehicle at the start of the hire and notify Kenhire immediately of any defect which will then be recorded. If no notification is given, it will be presumed that the Vehicle is complete and in good condition, fit for the intended purpose and in every way satisfactory to the Hirer;
(b) use the Vehicle in a reasonable manner;
(c) ensure that the correct fluid levels (e.g. oils, coolants) and tyre pressures are maintained, or make the vehicle available to Kenhire for such checks;
(d) permit Kenhire to carry out or arrange any necessary repairs, servicing or maintenance;
(e) ensure that Vehicle is secure when unattended, taking all reasonable precautions to prevent loss or damage (see 3(k) & (l)););
(f) when overseas, ensure that no unauthorised persons gain entrance to the Vehicle and check that no-one is concealed within prior to departing for the UK.
Hirer must not:
(g) sell, offer for sale, assign, mortgage, pledge or treat the Vehicle, it’s tools, equipment or parts, in any way that is inconsistent with Kenhire’s ownership, or allow any lien to arise except as concerns repairs authorised to the Vehicle;
(h) modify or alter the Vehicle or fit any accessories without Kenhire’s consent. Where Kenhire give such consent or fit extra equipment, it is Hirer’s responsibility to ensure that it is correctly fitted and remains secure at all times;
(i) remove or exchange any part of the Vehicle or it’s accessories;
(j) remove or interfere with any of the Vehicle’s identification marks or plates, or permit such interference.
Vehicle must not be used:
(k) for the carriage of passengers for hire or reward;
(l) knowingly for any unlawful purpose, in an unlawful manner, or in a way which would cause nuisance;
(m) to propel or tow any other vehicle or trailer without Kenhire’s consent. Where Kenhire give such consent, Kenhire shall not be liable for any damage to towed vehicle or trailer or the contents thereof. Hirer is responsible for the provision and fixing of a suitable number plate when towing;
(n) for racing, pacemaking, reliability trials, speed testing or driving tuition;
(o) to carry a number of passengers and/or baggage which overloads the Vehicle or, in the case of commercial vehicles, a payload that exceeds the maximum payload or individual axle weights;
(p) by any person other than those approved by Kenhire and named on the rental agreement;
(q) by any person outside the restrictions of Kenhire’s insurance policy;
(r) off-road or on roads unsuitable for the vehicle, or in a manner that would render void the insurance policy under which the Vehicle is operating;
(s) without cover under the Hirer’s Operators Licence where appropriate;
(t) outside the United Kingdom without Kenhire’s prior written consent;
(u) for carrying animals without Kenhire’s consent. If consent is given, Hirer must provide suitable protection and will be responsible for any damage or cleaning charges arising.
(v) to carry any object or substance which, because of its condition or smell, may harm the Vehicle or delay Kenhire renting or selling it.
Hirer is personally liable to pay Kenhire:
(a) hire, collision damage waiver, mileage and miscellaneous charges at the rates specified by Kenhire;
(b) the cost of fuel required to fill the Vehicle on return, together with any refuelling charge;
(c) a cleaning charge if the Vehicle needs more than our standard valet on return;
(d) a deposit from which Kenhire will deduct fuel and other outstanding charges. Where the Hirer gives authority to use a debit/credit card, Kenhire have the right to debit the card to the value required without prior notice to the Hirer;
Damage Repair Charges
(e) the cost of repairing any damage to the Vehicle, however caused (limited by CDW, see 4);
(f) the cost of repairing roof or tyre damage in all circumstances;
(g) the cost of repairs to damage arising whilst driver is under the influence of drink or drugs;
(h) the cost of repairs to damage caused by the carriage of animals;
(i) the cost of repairs to damage arising from the wilful action of the Hirer or his agent, or incorrect fuel or other substance being put into the Vehicle;
(j) all callout or recovery charges arising from chargeable damage or other incidents that Kenhire cannot be held responsible for, e.g. running out of fuel, losing keys or getting vehicle stuck, or where a callout is found to be unnecessary;
Theft or Loss
(k) the full value of the Vehicle if stolen during the hire period if the Hirer has (i) elected to insure the Vehicle or (ii) not returned the keys to Kenhire;
(l) the full value of keys, accessories or equipment lost or not returned with the Vehicle;
(m) all fines and court costs for parking, traffic or other offences incurred during the rental period, including contravention of import duty, immigration and Motor Insurance Database regulations;
(n) any fines or charges arising from the seizure or impounding of the Vehicle by the Vehicle Inspectorate, HM Customs and Excise, Immigration Service, or any other authorised body;
(o) reasonable administration charges for dealing with penalties;
Loss of Use
(p) a loss of revenue charge, based on 60% of Kenhire’s published price, for the period the Vehicle remains unavailable for hire as a result of damage, theft or impounding;
(q) if Hirer fails to pay Kenhire on time, interest will be added to the sum due at the rate of 4% a year over the base lending rate of HSBC Bank from time to time.
plus any VAT or other taxes applicable to these charges.
4. KENHIRE’S INSURANCE
Except where the Hirer has chosen to insure the Vehicle, Hirer participates as an insured driver under Kenhire’s motor vehicle insurance policy (available for inspection on request) and agrees to observe the terms and conditions thereof. This policy contains unlimited cover against public liability for death and/or bodily injury to third parties, including passengers, and cover for damage to third party property, subject to financial limits. Neither Kenhire nor Kenhire’s insurers can be held liable for any claims made by drivers for (i) personal injury or (ii) damage to their own property.
Collision Damage Waiver
Hirer is responsible for the Insurance Excess every time the Vehicle is damaged or stolen. Except for items 3(f) to 3(l) which are not covered by the CDW, Hirers liability shall not exceed the maximum liability for the type of vehicle hired and shall be reduced to the lower excess amount if Hirer has agreed in advance to purchase the Collision Damage Waiver by initialling the ‘CDW Accepted’ space on the rental agreement.
5. HIRER’S OWN INSURANCE
Where the Hirer has chosen to insure the Vehicle and obtained permission from Kenhire to do so, the Hirer shall:-
(a) produce full details of valid insurance prior to the start of the hire;
(b) ensure that cover is maintained throughout the rental period;
(c) be responsible for all damage or losses incurred during the rental period and pay full costs of all claims (including 3(e), (j) (k), (l) & (p)) directly to Kenhire;
(d) remain liable for all claims that are disputed or not paid by the Hirer’s insurers or where cover has been cancelled, lapsed or not been arranged;
(e) ensure that the Motor Insurance Database is upated as appropriate and be responsible for any penalties arising from non-compliance (3(m)).
In the event of accident or theft, Kenhire is under no obligation to supply an alternative vehicle and all costs for the continuation of the journey are the responsibility of the Hirer. Hirer agrees to protect the interests of Kenhire and Kenhire’s insurers by:
(a) obtaining names and addresses of witnesses and parties involved;
(b) not admitting liability or guilt;
(c) not abandoning the Vehicle without safeguarding and securing it;
(d) reporting details to Kenhire by telephone, even if damage is minor;
(e) promptly providing a detailed report and diagram;
(f) notifying the Police immediately if people are injured or another party’s guilt has to be ascertained.
7. DAMAGE REPAIR
Hirer must inform Kenhire as soon as possible of any fault, loss of or damage to the Vehicle. In the case of a fault or damage which makes the Vehicle unroadworthy, liable to cause danger to any person or property, or liable to cause further damage to the Vehicle with continued use, Hirer must not use the Vehicle until appropriate repairs have been carried out. When informed of any breakdown or other problem, Kenhire will ensure that repairs are carried out promptly or will provide a substitute vehicle. Hirer is not authorised to affect any repairs above the value of £25.00 without Kenhire’s prior consent.
Kenhire warrant that all reasonable steps have been taken to ensure the Vehicle is roadworthy and suitable for the purpose of renting at the start of the hire. Kenhire shall not be liable for damages arising from defects or mechanical failures that are not attributable to any breach of this warranty or any warranty implied by law to take reasonable care or exercise reasonable skill. Kenhire shall not be liable for any indirect or consequential loss or damage, such as loss of profits or opportunity. Nothing in these terms shall exclude or restrict Kenhire’s liability for death or personal injury resulting from negligence, or any other liability of Kenhire that cannot be excluded as a matter of law.
9. LOST PROPERTY
Kenhire shall not be liable for loss of or damage to any property transported or left in the Vehicle. Hirer agrees to hold Kenhire harmless from and indemnify Kenhire against all claims arising from such loss or damage. Hirer authorises Kenhire to dispose of any property left in the Vehicle or on Kenhire’s premises if not claimed within 7 days and agrees to pay the costs of such disposal.
10. INDEMNITY OF HIRER FOR THIRD PARTY LIABILITY
Hirer shall, at Kenhire’s request and cost, do such things as may be reasonably required by Kenhire to enforce any rights or obtain indemnity from other parties in respect of any loss of or damage to the Vehicle during the rental period.
11. DATA PROTECTION
Unless the Hirer states otherwise, Hirer agrees to let Kenhire retain all personal information relating to this agreement and use it in the running of our business. If the Hirer fails to observe any of the terms of this agreement, Kenhire have the right to pass any information to the Police, BVRLA, DVLA, or any other party listed on our Data Protection Register.
This agreement shall determine immediately if:
(a) a receiving order is made against the Hirer; or
(b) the Hirer calls a meeting of his creditors; or
(c) any distress or execution is levied against any of the Hirer’s goods; or
(d) the Hirer (being a company) goes into liquidation; or
(e) the Hirer fails to meet any of the terms of the agreement.
In any of these events, the Hirer shall immediately return the Vehicle to Kenhire, failing which Kenhire will be free to retake possession of the Vehicle and all costs incurred as a result of such repossession shall be repaid to Kenhire by the Hirer on demand. Any such determination shall not affect any of Kenhire’s existing rights, whether for damages or otherwise.
13. CHANGES TO THIS AGREEMENT
The rental period shall not be extended without Kenhire’s express authorisation and in any event the period of an agreement shall not exceed 90 days.
Any typographical, clerical or other error in any literature, price list or other document issued by Kenhire shall be subject to correction without any liability whatsoever on the part of Kenhire.
Any additions or alterations to the terms and conditions of a rental agreement shall be null and void unless agreed upon in writing by the parties.
IF THERE IS ANYTHING IN THESE TERMS THAT YOU DON’T UNDERSTAND OR AGREE TO, PLEASE SPEAK TO A MEMBER OF KENHIRE’S STAFF.