Terms & Conditions Of Hire.
Terms & Conditions
1. AGREED PRICE, DEPOSITS AND BALANCES:
A. THE AGREED PRICE (EXCLUDING CHAUFFEUR FEE’S IF APPLICABLE) IS THE AMOUNT AGREED BETWEEN EAST COAST HUMMER (THE LESSOR) / ALSO KNOWN AS EAST COAST HUMMERS AND YOU THE CUSTOMER (HIRER) THE COST IS BASED ON AND LIMITED TO THE INSTRUCTIONS AS PER CONFIRMATION SHEET. LATE RETURN OF THE RENTAL VEHICLE SHALL BE CHARGED AT THE LATE RETURN RATE.
B. ALL DEPOSITS ARE STRICTLY NON REFUNDABLE.
C. SHOULD YOU CANCEL WITHIN 14 (FOURTEEN) DAYS OF THE VEHILCE(S) IS/ARE REQUIRED, YOU THE CUSTOMER WILL BE CHARGED 100% OF THE BALANCE OWING. WHERE THE BOOKING WAS SECURED USING A DEBIT/CREDIT CARD, YOU THE CUSTOMER HERE AGREE THAT WE MAY DEDUCT THE BALANCE FROM THIS CARD. IN THE EVENT NO CARD WAS USED TO SECURE THE BOOKING WE WILL INVOICE YOU DIRECTLY SHOULD THE OUTSTANDING PAYMENT NOT BE MADE AT THE TIME OF CANCELLATION.
D. ANY BALANCES DUE ARE PAYABLE AT THE START OF RENTAL PERIOD, ALTERNATIVELY YOU MAY PAY THE BALANCE IN ADVANCE AT EAST COAST HUMMER COMPANY OFFICE IN CASH OR BY CHEQUE OR BY MAILING A CHEQUE ALLOWING A MINIMUM OF 10 ( TEN) DAYS PRIOR TO RENTAL DATE TO ENSURE CLEAR FUNDS ARE DEPOSITED INTO OUR ACCOUNT.
E. DAMAGES, SUBSEQUENT COST(S) OF REPAIRS OF SUCH DAMAGE(S) TO THE VEHICLE HIRED AS USED BY YOU THE CUSTOMER AND/OR YOUR GUESTS HOWSOEVER CAUSED IS YOU THE HIRERS RESPONSIBILITY. ADDITIONALLY, IN THE EVENT THAT ONE OF THE PARTY IS SICK IN THE VEHILCE WE WILL CHARGE £100 TO MAKE GOOD THE VEHICLE, ANY GLASSWARE BROKEN WILL INCUR A £10 CHARGE PER ITEM, ALSO THERE WILL BE £100 CHARGE TO MAKE GOOD THE VEHICLE IF LEFT IN AN UNFIT RE-RENTAL CONDITION. WHERE THE BOOKING WAS SECURED USING A CREDIT/DEBIT CARD YOU THE CUSTOMER HERE AGREES THAT WE MAY DEDUCT FROM THE CARD ANY DAMAGES THAT HAVE ARISEN. IN THE EVENT NO CARD WAS USED WE WILL INVOICE YOU THE CUSTOMER DIRECTLY SHOULD THESE ADDITIONAL PAYMENTS NOT BE MADE ON THE RENTAL DATE.
F. EAST COAST HUMMER MAKES EVERY EFFORT TO MAINTAIN ITS FLEET AS OFTEN AND AS THOROUGHLY AS IT POSSIBLY CAN. 1ST CLASS LIMOS HAS THEREFORE MADE ALL REASONABLE EFFORTS TO ENSURE THAT THE VEHICLES ARE IN THE BEST AND MOST RELIABLE CONDITION THEREFORE FIT FOR PURPOSE OF USE. IN THE UNLIKELY EVENT SHOULD A MECHANICAL BREAKDOWN, PUNCTURE OR OTHER UNFORESEEABLE EVENT OCCUR OUTWITH ITS CONTROL EAST COAST HUMMER CANNOT THEREFORE BE HELD RESPONSIBLE FOR THESE NOR THE IMPACT THAT THOSE UNFORESEEN EVENTS MIGHT THEN OR THEREAFTER HAVE (INCLUDING ONWARDS TRAVEL OR TRANSFERS).
G. EAST COAST HUMMER WILL PROVIDE THE VEHICLE REQUESTED, HOWEVER NOT WITHSTANDING CLAUSE 6, IN THE EVENT DUE TO UNFORESEEN CIRCUMSTANCES BEYOND OUR CONTROL THE VEHICLE REQUESTED CANNOT BE PROVIDED EITHER FOR THE FIRST, FINAL OR INTERIM JOURNEY(S) BOOKED EAST COAST HUMMER RESERVE THE RIGHT AND NEED TO SUBSTITUTE VEHICLE(S) OF EQUAL OR SIMILAR STANDING AND CAPACITY.
H. SHOULD AN UNFORSEEABLE EVENT OCCUR THEN EAST COAST HUMMER WILL MAKE EVERY EFFORT TO ENSURE WE WILL REACH THE HIRER AT THE EARLIEST POSSIBLE TIME AND RENTAL PERIOD SHALL COMMENCE UPON ARRIVAL.
2. THE HIRER MUST ACCEPT ALL RESPONSIBILTY FOR EVERY INDIVIDUAL WITHIN THERE RENTAL PARTY.
3. THE HIRER AKNOWLEDGES THAT THE VEHILCE IS FIT FOR HIS PURPOSE AND IS IN GOOD CONDITION AND UNDERTAKES TO RETURN IT, AND IT’S ACCESSORIES IN THE SAME CONDITION, FAIR WEAR AND TEAR EXCEPETED, TO THE PLACE AND ON THE DATE DUE BACK , AS SPECIFIED.
4. DURING THE RENTAL PERIOD THE HIRER SHALL KEEP THE VEHICLE AND ITS ACCESSORIES IN HIS POSSESION AND FREE FROM LEGAL PROCESS OR LIEN AND WHEN NOT IN USE ADEQUATELY PROTECTED AND SECURED.
5. DURING THE RENTAL PERIOD THE HIRER SHALL
A. CHECK DAILY ENGINE OIL LEVELS, WATER LEVEL IN RADIATOR, WASHERS AND WIPERS, LIGHTS, WHEEL NUTS AND BRAKE FLUID LEVELS.
B. AT EAST COAST HUMMER REASONABLE REQUEST, MAKE THE VEHICLE AVAILABLE FOR INSPECTION, SERVICE OR REPAIR WORK.
IF THE HIRER IS IN BREACH OF CONDITIONS 4(A) OR 4(B), THEN 1ST CLASS LIMOS SHALL IDEMNIFY AGAINST ALL LOSS OR DAMAGE WHATSOEVER THERBY ARISING.
6. THE HIRER SHALL ENSURE THE VEHICLE WILL NOT BE USED:
A. FOR THE CARRAIGE OF PERSONS FOR HIRE OR REWARD;
B. FOR ANY ILLEGAL PURPOSE OR IN CONTRAVENTION FOR ANY LEGISLATION AFFECTING THE VEHILCE, ITS USE OR CONSTRUCTION;
C. TO PROPEL OR TOW ANY OTHER VEHILCE OR TRAILER WITHOUT THE PRIOR PERMISSION OF EAST COAST HUMMER;
D. OUTSIDE OF ENGLAND, SCOTLAND OR WALES WITHOUT THE PRIOR WRITTEN CONSENT OF EAST COAST HUMMER.
7. A. THE HIRER AKNOWLEDGES THAT THE VEHILCE HAS BEEN HIRED SUBJECT TO THE CONDITION THAT EAST COAST HUMMER IS NOTIFIED WHO WILL BE THE DRIVER AND THAT THE DRIVER MUST BE ACCEPTABLE TO EAST COAST HUMMER INSURERS, THE HIRER SHALL SUPPLY TO THE LESSOR ALL SUCH PARTICULARS OF THE DRIVER AS MIGHT BE REQUIRED BY EAST COAST HUMMER INSURERS.
B. IF THE HIRER IS IN BREACH OF CONDITION 6(A) THEN THE HIRER SHALL INDEMNIFY EAST COAST HUMMER AGAINST ALL INJURY, LOSS AND DAMAGE WHATSOEVER AND HOWSOEVER ARISING.
8. THE HIRER AGREES TO PAY ON DEMAND
A. RENTAL CHARGES
B. ANY APPROPRIATE MILEAGE OR OTHER CHARGES AT THE RATES REFFERED TO IN THIS AGREEMENT OR FROM TIME TO TIME IN FORCE;
C. THE FULL COST OF UNISURED DAMAGE TO OR LOSS OF THE VEHICLE.
D. ANY AMOUNT IN RESPECT OF WHICH THE HIRER IS REQUIRED TO INDEMNIFY EAST COAST HUMMER PURSUANT TO THE TERMS OF THIS AGREEMENT.
9. THE HIRER SHALL:
A. A. INFORM EAST COAST HUMMER IMMEDIATLEY OF ANY LOSS OR DAMAGE TO OR FAULT DEVELOPING IN THE VEHILCE;
B. AT THE REQUEST AND COST OF EAST COAST HUMMER PERMIT TO BE DONE ( IF NECESSARY IN THE HIRER NAME) INCLUDING BUT WITHOUT LIMITATION;
I) ALL ACTS AND THINGS AS MAY BE REASONABLY REQUIRED BY 1ST CLASS LIMOS FOR THE PURPOSE OF REPAIRING THE VEHILCE.
II) ENFORCING ANY RIGHTS OR REMEDIES AGAINST OR OBTAINING RELIEF FROM OTHER PARTIES;
C. INDEMNIFY THE LESSOR AGAINST ANY LOSS OR DAMAGE;
I) INCURRED BY REASON OF ANY BREACH OF THIS AGREEMENT BY THE HIRER
II) WHICH IS NOT COVERED BY THE CONTRACT OF INSURANCE OF THIS VEHILCE.
III) ARISING FROM THE LOSS OF OR DAMAGE TO ANY PROPERTY LEFT STORED OR TRANSPORTED IN OR UPON THE VEHILCE.
10. A. THE HIRER SHALL IMMEDIATELY REPORT ANY ACCIDENT TO EAST COAST HUMMER AND DELIVER EVERY DOCUMENT OF ANY KIND RECIEVED BY THE HIRER RELATING TO ANY CLAIM CONNECTED WITH AN ACCIDENT OR EVENT INVOLVING THE VEHICLE.
B.THE HIRER SHALL NOT AID OR ABET ANY CLAIM AGAINST 1ST CLASS LIMOS BUT SHALL ASSIST EAST COAST HUMMER IN INVESTIGATING AND DEFENDING ANY CLAIM.
11. THE HIRER AKNOWLEDGES THAT IT SHALL NOT;
A. WITHOUT THE PRIOR CONSENT OF EAST COAST HUMMERS INCUR ANY LIABILITY FOR REPAIRS TO THE VEHILCE IN EXCEES OF £25;
B. BE THE AGENT OR SERVANT OF EAST COAST HUMMERS FOR ANY PURPOSE OR MAKE HIMSELF OUT AS BEING SUCH;
C. MAKE ANY CLAIM AGAINST EAST COAST HUMMERS FOR ANY LOSS OR DAMAGE TO ANY PROPERTY LEFT STORED OR TRANSPORTED IN OR UPON THE VEHILCE UNLESS CASUED BY THE NEGLIGENCE OF EAST COAST HUMMERS.
12. THE HIRER SHALL BE LIABLE AS OWNER OF THE VEHICLE IN RESPECT OF:
A. ANY OF THE FOLLOWING OFFENCES WHICH MAY BE COMMITED WITH RESPECT TO THAT VEHICLE WHEN IS IN DARKNESS WITHOUT THE LIGHTS OR REFLECTORS REQUIRED BY LAW, WAITING, OR BEING PARKED , OR BEING LOADED OR UNLOADED, IN A ROAD ; BEING USED OR KEPT ON A PUBLIC ROAD WITHIN THE MEANING OF THE VEHILCES (EXCISE) ACT 1971 WITHOUT A LICENSE UNDER THE ACT BEING EXHIBITED ON THE VEHILCE IN THE MANNER PRESCRIBED UNDER THAT ACT; AND THE NON PAYMENT OF THE CHARGE MADE AT STREET PARKING PLACE; AND
B. ANY EXCESS CHARGE WHICH MAY BE INCURRED IN PURSUANCE OF AN ORDER UNDER SECTION 45 AND 56 OF THE ROAD TRAFFIC ACT 1984 (OR AS AMNEDED REPLACED OR REVISED BY SUBSEQUENT LEGISLATION OR ORDERS);
C. ANY CHARGES MADE BY CUSTOM AND EXCISE AS A RESULT OF SEIZURE OF THE VEHICLE BY THEM TOGETHER WITH A LOSS OF INCOME CHARGE WHILST THE VEHICLE IS UNAVAILABLE FOR RENTAL.
13.13. THE HIRER ACCEPTS LIABILITY FOR ANY PENALTY CHARGES WHICH MAY BE INCURRED WHILST THE VEHICLE REMAINS ON HIRE AN AGREES TO INDEMNIFY EAST COAST HUMMERS AGAINST ANY CLAIMS WHICH MAY BE MADE AGAINST THEM.
14. A. THE VEHICLE WILL REMAIN ON HIRE TO THE HIRER UNTIL THE OFF HIRE PROCEDURE HAS BEEN COMPLETED;
B. THE VEHICLE WILL BE DEEMED OFF HIRE FOR INSURANCE WHEN IT IS DELIVERED INTO THE POSSESION OF EAST COAST HUMMERS DURING NORMAL BUSINESS HOURS, THE KEYS OF THE VEHICLE HAVE BEEN HANDED TO A DULY AUTHORISED REPRESENTATIVE OF EAST COAST HUMMERS AND THE HIRE NOTE HAS BEEN SIGNED AS OFF HIRE BY EAST COAST HUMMERS; NOTE THE RETURN OF THE VEHICLE TO EAST COAST HUMMERS PREMISES OUTSIDE NORMAL BUSINESS HOURS DOES NOT CONSTITUTE AS OFF HIRING
C. THE VEHILCE WILL REMAIN AT THE RISK OF THE HIRER UNTIL IT HAS BEEN OFF HIRED AND THE HIRER SHOULD ENSURE THAT THE INSURANCE REMAINS IN FORCE FAILING WHICH THE HIRER MAY BE PERSONALLY LIABLE FOR ANY LOSS OR DAMAGES WHICH INCURS;
15. 15. EAST COAST HUMMERS MAY DEMAND THE RETURN OF THE VEHICLE AT ANY TIME AND IF IN EAST COAST HUMMERS REASONABLE JUDGEMNET SUCH DEMAND MIGHT NOT BE COMPLIED WITH EAST COAST HUMMERS MAY REPOSSES THE VEHILCE AND TERMINATE THIS HIRE AGREEMENT WITHOUT ANY LIABILITY FOR ANY LOSS OR DAMAGE WHICH THE HIRER MAY SUSTAIN AS A RESULT OF SUCH DEMAND AND TERMINATION OR REPOSSESION.
16. 16. IN THE EVENT OF THE VEHICLE BEING RETURNED OR COLLECTED IN A DAMAGED CONDITION, THE RENTAL CHARGE WILL CONTINUE UNTIL SUCH TIME AS THE VEHILCE IS REPAIRED AND RETURNED IN A HIREABLE STATE. SHOULD THE VEHICLE BE DEEMED TO BE BEYOND ECONOMICAL REPAIR, OR STOLEN AND NOT RECOVERED, THE HIRE CHARGE WILL CONTINUE UNTIL SETTLEMENT IN FULL IS RECIEVED.
17. A. THE HIRER IS RESPONSIBLE FOR ANY DAMAGE CAUSED TO TYRES AND TUBES ( FAIR WEAR AND TEAR EXCEPETED)
B. THE HIRER IS RESPONSIBLE FOR WINDSCREENS AND WINDOWS
C. THE HIRER SHALL HAVE EXCLUSIVE POSSESION, USE CONTROL OF THE VEHILCE FOR THE DURATION OF THE AGREEMENT AND THE HIRER SHALL ASSUME EXCLUSIVE RESPONSIBILITY TO THE PUBLIC AND ANY REGULATORY BODY HAVING JURISDICTION.
D. THE HIRER UNDERTAKES THAT THE VEHICLE WILL BE DRIVEN AT ALL TIMES IN A SKILFUL AND CAREFUL MANNER.
18. EAST COAST HUMMERS SHALL BE LIABLE TO THE HIRER FOR DIRECT LOSS ONLY AS HERIN PROVIDED. IT IS AGREED AND ACKNOWLEDGED BY THE HIRER THAT EAST COAST HUMMERSSHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER, HOWEVER ARISING. NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR RESTRICT EAST COAST HUMMERS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR OTHER LIABILITY OF EAST COAST HUMMERS WHICH CANNOT BE EXCLUDED AS A MATTER OF LAW.
19. THIS AGREEMENT AND THE HIRING THEREUNDER WILL TERMINATE IPSO FACTO AND IMMEDIATELY IF A PETITION TO WIND UP 1ST CLASS LIMOS OR APPOINT A NEW ADMINISTRATOR OF 1ST CLASS LIMOS IS PRESENTED TO A COURT OR IF EAST COAST HUMMERS PASSES A RESOLUTION FOR VOLUNTARY LIQUIDATION ( EXCEPT FOR THE PURPOSE OF AMALGAMATION OR RECONSTRUCTION) OR IF A RECIEVER OR RECIEVER AND A MANAGER IS APPOINTED TO A COURT OF 1ST CLASS LIMOS AND UPON SUCH TERMINATION AS AFORESAID THE HIRER WILL IMMEDIATLEY RETURN THE VEHILCE TO 1ST CLASS LIMOS OR IT’S DULY AUTHORISED AGENT FOR THE RETURN OF THE VEHILCE AT SUCH PLACE AS EAST COAST HUMMERS MAY HAVE APPOINTED.
20. ANY ADDITONS OR ALTERATIONS OF THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL BE NULL AND VOID UNLESS AGREED IN WRITING BY THE PARTIES. REGISTERD OFFICE EAST COAST HUMMERS, 101 MILL ROAD, ALLANTON, ML7 5DD.
THE ABOVE CONDITIONS ARE BINDING AND YOU THE HIRER AGREE TO THEM BY ACCEPTING RENTAL.
EAST COAST HUMMERS RENTAL AGENTS RESERVE THE RIGHT TO REFUSE HIRE AT ANY TIME!
