Terms & Conditions of Rental – Aviemore Car & Van Hire
- Your Contract with us -
When you sign a rental agreement with us, you agree to accept the Terms and Conditions of rental as defined below and agree to all costs as summarised below- .
PLEASE READ THESE TERMS CAREFULLY. IF THERE IS ANYTHING YOU DO NOT AGREE WITH OR ARE UNSURE OF, PLEASE ASK A MEMBER OF OUR STAFF.
- Rental Period
You will have the vehicle for the rental period shown in the Agreement. We may agree to extend this rental period with a minimum 48 hours notice but the rental may never exceed 30 days.
If you do not bring the vehicle back on time you are breaking the conditions of this Agreement. We can charge you for every day or part day you have the vehicle after you should have returned it to us. We will charge you the daily rate quoted at our rental location until we get the vehicle back.
- Your responsibilities
(a) You must look after the vehicle and keys to the vehicle. You must always lock the vehicle when you are not using it and use any security device fitted in or supplied with the vehicle. You must always protect the vehicle against bad weather which can cause damage. You must make sure that you use the correct fuel or you will be charged to repair the vehicle plus £50.00 admin charge. plus loss of a min. of 1 day hire or until a full repair is made good to manufacturers standard.
(b) You are responsible for any damage to the roof or upper part of the vehicle caused by hitting low level objects, such as bridges or low branches.
(c) You must not sell, rent, loan or dispose of the vehicle or any of its parts. You must not give anyone any legal rights over the vehicle.
(d) You must not let anyone work on the vehicle without our permission. In the case of a breakdown only our emergency recovery company can be used.
(e) You must let us know as soon as you become aware of a defect to the vehicle.
(f) You must bring the vehicle back to the place where we agreed during the opening hours displayed at the rental location. One of our A.C.V.H. staff must see the vehicle as soon as practical within daylight hours to check that it is in good condition and undamaged. Where we have agreed that you may return the vehicle outside of business hours, you will remain responsible for the vehicle and its condition until it is re-inspected by a member of A.C.V.H. staff a.s.a.p.
(g) You will have to pay for repairs or any form of additional works required to bring the vehicle back to an acceptable or comparable standard accepted by you at the start of Hire (including an automatic administration damage fee of £50) if -
* The vehicle needs more than our standard valeting (cleaning); or
* You have damaged the outside or inside of the vehicle; or
* You have damaged and/or lost any part of the vehicle (including tyres & Inflator kit)
(h) You must check before you bring back the vehicle that you have not left any personal belongings in the vehicle. * Small fee payable for administration in any recovery / postage etc.
(i) In the event of the hirer needing to replace a tyre due to puncture/ blow out etc. the replacement tyre MUST be the same manufacturer as the damaged tyre and if the replacement tyre does not match the other manufacturer fitted tyres - the hirer will be charged to replace the tyre to the original manufacturers specification plus any admin. Fees applicable.
(j) No pets allowed in the vehicle at any time and no smoking at any time.
- Our responsibilities
We have maintained the vehicle to at least the manufacturer's recommended standard. We undertake that the vehicle is roadworthy and suitable for renting at the start of the rental period. In addition to the above, if you are not renting the vehicle for business purposes, we are responsible if we break the conditions of the rental agreement in the following ways:
The vehicle does not correspond to our description of it; the vehicle is not of the quality that you would be entitled to expect from a rental vehicle; the vehicle is not fit to drive, we do not have the right legally to rent out the vehicle.
We are not responsible for any indirect or unforeseeable loss or damage (indirect losses are the losses which happen as a side effect of the main loss or damage). Foreseeable losses are the losses arising directly from, for example, the vehicle breaking down (such as the cost of repairing the vehicle or arranging other transport). You or we may not foresee other losses and so, if you want to be able to claim for such losses, we recommend that you arrange separate insurance.
We are only responsible for property in the vehicle if the loss or damage is a result of our negligence.
- Conditions for using the vehicle.
The vehicle must only be driven by the person named on the agreement, or by anyone we authorise in writing. Anyone driving the vehicle must have held a full, valid driving licence for a minimum period of 2 years and not be prohibited by law from holding or obtaining such licence.
You or any authorised driver must provide honest accurate answers at all times, plus must not :
* Carry passengers for hire or reward or any other unauthorised Commercial Use
* Use the vehicle for any illegal purpose or any undisclosed use at the time of Hire
* Use the vehicle for racing, pace making, testing the vehicle's reliability and speed or teaching someone to drive or transporting unauthorised livestock or goods
* Use the vehicle under the influence of alcohol or drugs or whilst medically unfit to drive
* Carry a number of passengers and/or baggage which would cause the vehicle to be overloaded or in the case of a commercial vehicle, a payload which exceeds the maximum payload and individual axle plated weights which requires an Operator's Licence where you don’t have one.
* Drive the vehicle outside England, Scotland, Northern Ireland and Wales, unless we have given you permission in writing and appropriate charges paid.
* All handbooks must be kept in the vehicles at all times if the vehicle is returned with the handbook missing a £65 plus Vat for replacement handbook will be charged
We work out our charges using our current price list.
You will be liable to pay the following charges:
(a) The rental and any other charges we work out according to this agreement.
(b) Any charge for loss until the vehicle can be returned to the rental Fleet or damage to any vehicle however incurred - as explained in 3(b), 3(f) and 3(g).
(c) If you have not returned the vehicle with a full tank of fuel we will add the cost of refuelling as follows: The cost of fuel will be the rate currently displayed in our office. There is a minimum fee of £10 for refuelling plus + cost of fuel.
(d) All out of hours collection/return (booked in advance) is subject to a minimum £30 fee
(e) On demand, all fines including speeding and court costs or for parking, traffic or other offences (including any costs which arise if the vehicle is clamped). You must pay the appropriate authority any fines and costs. If you do not, you will be responsible to pay our reasonable administration charges which arise when we deal with these matters – we will always automatically levy an Administration Fee of £25.00 in seeking to recover any outstanding Penalties.
(f) On demand, the full cost of repairing or replacing the vehicle if it is damaged or stolen (even if it is not your fault) together with an admin fee of £50.00 where a repair estimate is required.
(g) On demand, a loss of income charge. We will charge you this if we cannot rent out the vehicle because it needs to be repaired, or it is a write-off (can't be repaired). We will charge you at the full daily rate until the vehicle is repaired or replaced and available for Hire with our Agency. We will always endeavour to do everything we can to make sure the vehicle is repaired to Manufacturers Warranty standard as soon as possible allowing for our Agency location.
(h) On demand, any charges made by Customs and Excise as a result of seizure of the vehicle by them, PLUS a loss of income charge whilst the vehicle is un-available for rental.
(i) Any published rates for delivery and collection of the vehicle.
(j) Interest which we will add every day to any amount you do not pay us on time, at the rate of 6% a year above the base lending rate of Barclays Bank from time to time.
(k) Value Added Tax and all other taxes on any of the charges listed above, as appropriate.
You are responsible for all charges, even if you have asked someone else to be responsible for them.
(l) Any lost keys will be charged at approximately £125 up to a maximum of £500 (plus automatic admin fee of £30 VAT).
(m) Maximum mileage allowance of 250 miles per day. Anything over 250 miles will be charged at £0.18 per mile + admin fee of £10
- Our Insurance.
All our vehicle rentals are inclusive of insurance and we do not offer the option of hirer providing their own.
The condition of our Insurance will automatically apply, as indicated by your acceptance of them by ticking (initialling) the appropriate box in the rental agreement.
(a) We have a legal responsibility to have insurance to meet the RTA requirements. This provides cover for claims made if you injure or kill any 3rd party, whilst driving our vehicle, or damage their property (subject to a minimum cover of £250,000).
(b) We may / will provide cover for loss or damage to the vehicle if you have indicated your
acceptance by ticking (initialling) the appropriate box on the rental agreement. If you accept this you will have to pay the responsibility amount every time you damage the vehicle. (The responsibility amount is shown on the agreement). Note: initialling acceptance of the Collision Damage/Theft/Loss Liability Charge, Waiver charge reduces the excess liability amount to that shown on the front of the Rental Agreement – where applicable.
(c) We will provide cover for theft and damage to the vehicle caused during an attempted theft if you indicated your acceptance by ticking (initialling) the appropriate box on the rental agreement. If you accept this, you still have to pay the responsibility amount if the vehicle is stolen. (The responsibility amount you have to pay is shown on your agreement). There is an additional excess of £1000 if the car is stolen by the hirer.
You can get details of our minimum legally required Insurance from our office.
- What to do if you have an accident, Breakdown, puncture
If you have an accident you must not admit responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also make the vehicle secure. You must tell the Police straight away if anyone is injured or if there is a disagreement over who is responsible and call our Office straight away. You must then collect and fill in our Accident Report Form and send it to A.C.V.H. Company’s address shown overleaf.
Breakdown contact number: 08001075867
Accident helpline: 08445 733 112 Tyres & Exhausts: 08445733112
- Returning the vehicle including Late Returns :
If for any reason you are going to be late returning the vehicle you MUST let us know in advance and additional fees will be applied on an hourly basis – pro-rata - particularly for any OUT OF HOURS vehicle returns or if for whatever reason - any return is Later than agreed. Failure to advise of ANY late return will result in additional costs being charged. Failure to return the car within One Hour of the Agreement ending - will automatically result in POLICE SCOTLAND being contacted.
You agree that we may use any information you have given us to carry out our own market research. We will not pass on or sell your details to any other Agency or third party. If you break the Agreement we can give the information to Credit Reference Agencies, the Driver and Vehicle Licensing Authority (DVLA), Police, Court Officials, debt collectors and any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), who can pass it on to any of its members for any purpose stated in the Data Protection Act 1984.
- Ending the Agreement
(a) If you are a consumer we will end this Agreement straight away if we find out that your goods have been taken away from you to pay off your debts, or a receiving order is made against you. We will also end this Agreement if you do not meet any of the Conditions of this Agreement including any variation in the proposed use of the vehicle.
(b) If you are a Company, we will end this Agreement straight away if: you go into liquidation, you call a meeting of creditors, and we find out that your goods have been taken away from you until you pay off your debts, or you do not meet any of the conditions of the Agreement.
(c) If we end the Agreement it will not affect our right to receive any money we are owed under this Agreement. We can also claim extra costs from you if you do not meet any of the conditions of this Agreement. We can repossess the vehicle and charge you if we do this.
A non-refundable Reservation Fee of £25.00 will be required to secure the booking.
Your Credit Card details will be required to secure your booking although the balance of your rental will not be debited until the start of your hire together with an automatic £500.00 Vehicle Surety or Damage Deposit which will be pre-authorised by A.C.V.H. at the start of the Rental and added to the total cost of Hire. Please note a £1000 deposit will be required from all non UK drivers licence holders.
- Cancellation Policy
When you book your vehicle you are entering into a legally binding contract.
Aviemore Car & Van Hire levy a cancellation charge for any booking you are unable to honour prior to your collection date as follows:
No refunds will be given for rentals ended early, late collections, no shows or cancellations made after the Rental start date. Aviemore Car & Van hire cannot be held responsible for a cancellation caused by adverse weather conditions or the breakdown /disruption or cancellation of other methods of transport (e.g. rail disruption) or any force majure.
- The cancellation & rebooking of the Hire at the same time will incur a Cancellation Charge – please see below- .
14 or more days before commence of hire: Prepaid reservation Fee (£25)
10-14 Days before hire start date: 50% of total hire cost (or 1 day hire whichever is greater)
7-10 Days before hire start date 75% of total hire cost (or 1 day hire whichever is greater)
1-6 days before the hire start date 100% of total hire will be payable
- Governing Law
This Agreement is governed by the laws of Scotland. Any dispute may be submitted to the non-exclusive jurisdiction of the Courts of that Country. In certain cases the renting company reserves the right to appoint an Arbitrator. All Administration Fees are plus 20% VAT.
THE ABOVE TERMS FORM PART OF YOUR RENTAL AGREEMENT