RENTAL TERMS AND CONDITIONS FOR DRIVE 4 DAYS RENTALS LTD
1) Rental Agreement with Owner
a) These Terms and Conditions and the Rental Agreement Summary together constitute the Rental Agreement (“Rental Agreement”). The Rental Agreement is between the Renter (as defined in the Rental Agreement Summary) and Drive 4 Days Rentals Ltd (the “Owner”). Unless otherwise defined herein, all terms beginning with a capital letter which are defined in the Rental Agreement Summary shall have the same meanings herein as therein unless the context hereof otherwise requires.
b) For the avoidance of doubt, the Renter and the Owner are the only parties to the Rental Agreement even if another party may pay for all or some of the rental bill.
c) The Rental Agreement comes into effect between the Renter and the Owner once the Renter takes possession of the keys to the Vehicle from the Rental Start Date stated in the Rental Agreement Summary.
2) Rental Period
a) The rental period shall commence on the Rental Start Date and shall continue up until the Return Date as specified in the Rental Agreement Summary (“Rental Period”). The Renter is permitted to use the rental vehicle (the “Vehicle”) for the duration of the Rental Period until the Return Date.
b) The Renter may request an extension to the Rental Period subject to the Owner’s prior consent (“Extended Rental Period”). For the avoidance of doubt, the maximum days of extension to the Rental Period shall not exceed beyond 30 days. The Extended Rental Period may be subject to higher charges and/or an additional security deposit which will be disclosed to the Renter by the Owner prior to the extension of the Rental Period.
c) The Renter is permitted to return the Vehicle prior to the Rental Return Date and terminate the Rental Agreement subject to the prior written notice to the Owner. However, the Renter will not receive any refund for an early termination and/or return of the Vehicle.
d) The Rental Period is subject to the daily rates specified in the Rental Agreement Summary.
3) Use of the vehicle
a) Eligibility
i. The Renter must be 25+ & have a valid driving licence with 2 years’ driving experience.
ii. UK driving licence holders regardless of country of residence, are required to bring their DVLA Check My Licence Code (https://www.gov.uk/view-driving-licence) with their driving licence and national identification. The Owner is permitted to refuse to provide a Vehicle to the Renter or charge a premium rate of GBP 15.00, if the Renter fails to provide a valid DVLA Check My Licence code. For Northern Ireland driving licences, please use the following link for a Check My Licence Code: https://www.nidirect.gov.uk/services/view-or-share-your-driving-licence-information.
iii. The Renter shall also provide a proof of address such as utility bill or bank statement issued within the past three months. The address provided must match the address on the licence or additional proof of address will be required.
iv. The Renter must have not been disqualified from driving during the last 36 months and/or who have more than 6 points on driving license and/or any of the following offence codes:
- Theft or unauthorised taking UT
- Drink or Drugs DR or DG
Dangerous Driving DD
Driving whilst disqualified BA - Driving whilst uninsured IN vi) Accident Offences AC
- Careless Driving CD
Licence Offences LC30-50 - Miscellaneous MS50-90 x) Mutual Recognition MR
- Special Code/Totting Up TT
v. The Renter must not have had their insurance declined and/or renewal refused and/or insurance or cover cancelled by any motor insurer.
vi. The Renter should not have more than one fault incident within the last 3 years
b) Authorised Drivers
The Renter is the only driver that is permitted to drive or use the Vehicle unless prior permission has been granted by the Owner for additional drivers. Authorised drivers under the age of 25 will be subject to additional charges. Any authorised additional drivers (“Additional Driver”) will be specified in the Rental Agreement Summary.
c) The prohibition of Use
The Vehicle must not be in use:
I. while the driver is under the influence of narcotics, alcohol or drugs;
II. by anyone who is not an authorised driver or anyone other than the Renter and/or the Additional Driver;
III. while smoking (including e-cigarettes);
IV. for sub-hire or reward unless stated otherwise in the Rental Agreement Summary ;
V. for any illegal purposes or damaging property or intentionally causing personal injury;
VI. for driving lessons, racing, pace making or testing the Vehicle’s top speed and reliability;
VII. outside the United Kingdom unless the Renter is provided with prior written consent by the Owner;
VIII. to transport children without the legally required car seats or carry more passengers than the seats available in the Vehicle;
IX. to tow or propel any wheeled equipment or vehicles unless the Vehicle is fitted with a crowbar and prior permission is granted by the Owner;
X. to transport flammable, toxic, or otherwise dangerous substances other than minimum amounts for household use;
XI. in a negligent or reckless manner;
XII. to drive through or over water or any objects which are known to rise above the ground clearance of the Vehicle;
XIII. to drive under barriers lower than the overhead clearance of Vehicle;
XIV. in or on that part of any aerodrome, airfield, airport, or military installation designed for the take-off, landing, taxiing, or parking of aircraft and aerial devices, including any associated service roads, fuel supply areas, ground equipment parking areas, aprons, maintenance zones, and hangars to transport any goods which weigh heavier than the authorised weight of the Vehicle or to transport goods badly secured or carry goods which the Renter does not own for a fee with Owners permission; and
XV. in contravention of this Rental Agreement or the applicable laws, safety rules and requirements of the countries where the Vehicle is used.
d) Handover of vehicle
The Vehicle provided to the Renter will be in a good condition and it will be equipped as required by the road safety regulations within the United Kingdom (for example, a first aid kit, spare wheel or inflation kit and/or warning triangle). The Renter must check the Vehicle’s conditions during the handover of the Vehicle and if the Renter notices any damage to the Vehicle upon inspection, the Renter must notify the Owner immediately.
4) Renter’s Main Obligations
a)The Renter is required to:
I. refuse work on the vehicle by anyone without prior written consent from the Owner;
II. always lock the Vehicle and all secure parts when the Vehicle is left unattended, and use any security device fitted or supplied with the Vehicle to keep the Vehicle secure at all times;
III. check oil, AdBlue water levels and tyre conditions and pressure at regular intervals during the Rental Period;
IV. inform the Owner immediately and not use the Vehicle when any warning lights appear on the dashboard and the Renter notices any faults or malfunction in the Vehicle;
V. ensure that the Vehicle is returned to the location specified in the Rental Agreement Summary on the Rental Return Date in the same condition as it was handed over by the Owner to the Renter, except for minor wear and tear. An approved representative of the Owner will inspect the Vehicle upon return to examine the condition of the Vehicle. The Renter will remain responsible for the Vehicle until the inspection is complete;
VI. ensure that the Renter has not left any personal belongings in the Vehicle before returning the Vehicle to the Owner;
VII. pay any administrative fines, fees, charges, costs, penalties or other fines that are imposed or issued during the Rental Period while the Vehicle was in the Renter’s possession. These include fines or fees for illegal parking, speeding tickets, non-compliance with bus lane, tolls, congestion charges or any violation of the rules of highways office in the United Kingdom, in all cases to extent permitted by law and not caused by the Owner;
VIII. use the appropriate fuel indicated in the Vehicle and the Rental Agreement Summary; and
IX. not to tamper with telematics installed within the Vehicle or tamper with the mileage indicator; and
X. not to sell, rent, remove, or dispose of the Vehicle.
b) In case the Vehicle is a total loss, stolen, or in an accident, the Renter is required to do the following:
I. report the accident, theft, or loss to the Owner as soon as possible via telephone or email no later than 24 hours from the incident or the Renter becomes aware of the incident;
II. the Renter must inform the police of any loss or theft as soon as possible and confirm to the Owner with the reference number from the police;
III. the Renter shall avoid admitting responsibility to anyone in relation to the accident unless required to do so by a legal process;
IV. the Renter must request the names and addresses of everyone involved in the accident or incident including any witnesses, insurance details for third parties involved and provide all the information to the Owner;
V. the Renter will be required to follow the Owner and Owner’s insurance companies’ procedures which includes the provision of all information that is required to assist the case in any legal matter or proceedings brought by the Owner in the Renters name and defending any proceedings brought against the Renter; and
VI. return to the Owner all original keys or other devices which are used to unlock the Vehicle.
5) Rental Costs and other Charges; Additional Services
a) The Renter is required to pay the Daily Rate as well as any other additional charges applicable to the rental of the Vehicle as stated in the Rental Agreement Summary.
b) The Rental Total costs as specified in the Rental Agreement Summary shall include additional charges if the Renter exceeds the included mileage, additional services (such as additional driver) and any delivery and/or collection fees.
c) A security deposit (“Deposit”) shall be paid before the Rental Period begins, and the amount will be specified in the Rental Agreement Summary. The Deposit can be used for any future claims which the Owner has against the Renter during the Rental Period. The Owner will collect the Deposit and any other amounts due under the Rental Agreement Summary from the credit or debit card in the Renter’s name that is presented to the Owner before the Rental Period unless otherwise agreed between the Owner and the Renter. There would be no interest paid on any security deposit and the Owner is under no obligation to hold the deposit in any account separate from its own assets. The Owner will refund the Renter’s Deposit under the Rental Agreement Summary within 70 days from the Rental Return Date or if the Vehicle is a total loss or stolen, the Deposit would be refunded within a 70-day period from agreed end date between Renter and Owner stated on the Rental Agreement Summary. All payment cards must be valid for 30 days after the Renter has returned the Vehicle.
d) The Renter shall pay to the Owner upon request:
i. any additional charges notified by the Owner to the Renter as agreed in the Rental Agreement Summary;
ii. pay any administrative fines, fees, charges, costs, penalties, or other fines that are imposed or issued during the Rental Period. These include fines or fees for illegal parking, speeding tickets, non-compliance with bus lane, tolls, congestion charges or any violation of the rules of highways office in the United Kingdom, in all cases to the extent permitted by law and not caused by Owner;
iii. any administration fees of up to GBP 35 for processing any offence and fines against the Renter during the Rental Period;
iv. a valeting fee if the Renter fails to return the Vehicle in a good condition to compensate the Owner for their incurred costs of cleaning; and
v. the re-fuelling fee of 15 GPB and any additional costs to increase the fuel to meet the level stated in the Rental Agreement, if the fuel is below the level stated in the Rental Agreement.
e) debit or credit cards are acceptable methods of payment.
f) see Rental Agreement summary for all other rental charges.
6) Protection Products
If there is a change in the Vehicle’s condition, total loss, theft or any damage to the Vehicle, the Renter is liable to pay the full excess of the Vehicle as shown in the Rental Agreement Summary. The Owner does not offer any protection package.
7) Termination of Rental Agreement
a) The Owner reserves the right to terminate the Rental Agreement if the Owner suspends or ceases to trade in its business or any substantial part of its business. Notwithstanding the foregoing, termination of the Rental Agreement will not affect the Owner’s right to receive any fees and charges as stated in the Rental Agreement. The Owner also reserves the right to repossess the Vehicle and charge the Renter a repossession fee, without using unreasonable force or causing damage.
b) In the event that the Owner reasonably believes that the Vehicle may have been stolen, the Owner reservesthe right to remotely activate anti-theft technology which will make the Vehicle immobile and the Owner may also be able to reproduce the Vehicle’s route by extracting the last GPS positions of the Vehicle from a separate database. The Owner will not have any liability to the Renter in the event that the Owner exercisesthis right provided that the Owner has exercised the right with good faith.
c) The Owner will notify the police if the Renter operates the Vehicle after the Rental Return Date.
8) Liability
a) The Renter shall remain responsible for any legal cost including legal fees and court costs if the court issues a judgment in the Owner’s favour in an event of a breach of the Rental Agreement.
b) The Owner has the responsibility to repair the Vehicle and has the right to determine whether the Vehicle should be repaired (including whether to repair the Vehicle at the same time following multiple incidents of damage caused by different renters).
c) The Renter is responsible for protecting the Vehicle from any severe weather which can cause damage to the Vehicle.
d) If the vehicle is stolen, damaged or deemed a total loss during the Rental Period, the Renter is liable to pay total excess stated in the Rental Agreement and any loss of income to the Owner for up to 70 days at the Daily Rental Rate as stated in the Rental Agreement Summary.
e) The Renter is fully responsible to pay all charges and fees outlined in the Rental Agreement. The Renter agrees that the Owner is permitted to debit any charges or Deposit from the Renter’s debit/credit card in accordance with the Rental Agreement.
f) Except where the injury, loss or damage is caused by the Owner, the Owner shall not be responsible for any injury, loss or damage arising from any drivers’ use of the Vehicle, nor shall the Owner be liable for any indirect loss or damage, or, in the case of consumers, damage which was not foreseeable by Renter and Owner.
g) The Owner shall not be responsible for any injury, loss or damage arising from any defect or mechanical failure which is not attributable to any breach of the manufacturer’s warranty, or any warranty implied by law to take reasonable care or exercise reasonable skill.
h) The Renter is liable to pay total excess stated in the Rental Summary Agreement if the Vehicle is involved in an accident.
i) During the Rental Period up until the termination of the Rental Agreement, the Owner is not responsible for any property held in the Vehicle. Any such property will be held by the Renter at their own risk.
j) The Renter must not leave any property in the Vehicle when the Vehicle is returned to the Owner. If the Renter leavesitems in the Vehicle, the Owner may agree to keep such items for the Renter to collect within a reasonable time, subject to additional charges the Owner may impose, including VAT, for storing such item(s). Any property left in the Vehicle which remains unclaimed for a period of 30 days after the Rental End Date, will be disposed of, without further notice to the Renter.
9) Governing Law/Alternative Dispute Resolution
This Rental Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non- contractual disputes or claims).
10) Return of the vehicle and condition on return
a) Some damages may not be apparent during the post-rental inspection such as mechanical damages (for example in areas such as engine, clutch or in car entertainment system. In the event that the Owner finds such damage in the Vehicle, the Owner will provide notice to the Renter of such damage(s) and the Renter will be liable for any excess charges.
b) The Renter is permitted to return the Vehicle within 30 minutes following the agreed time in the Rental Agreement Summary. However, if the Vehicle is returned beyond 30 minutes, the Owner will impose upon the Renter an additional late returning processing fee. For the avoidance of doubt, the Renter shall remain liable for the Vehicle until it is returned back to the Owner in accordance with the Rental Agreement.
11) Delivery, collection, pick up and drop off services
a) Once a location for delivery and collection has been allocated and agreed in the Rental Agreement Summary, the Renter must ensure that the Vehicle is collected and returned to the specific location in the Rental Agreement Summary. If the delivery and collection location is different from the location stated in the Rental Agreement Summary, the Renter will be liable for any additional charges required.
b) The Renter must be present for all delivery, collection, pick up and/or drop off of the Vehicle, with all necessary documents required for the Owner to release the Vehicle to the Renter. The requirements stated in the Rental Agreement apply to all delivery, collection, pick up and/or drop off services.
12) Invoices
a) The Renter agreesthat the Owner can provide electronic invoices to the designated recipient. The Ownerwill provide an electronic invoice to the e-mail address provided by the Renter. The Renter may request the termination of electronic invoices at any time. Following such termination, the Ownerwill issue paper invoices to replace the electronic invoices. The Renter is responsible for anyadditional costs required to provide the paper-based invoices (including postal cost).
b) The Renter must ensure that they have received any invoice issued by the Owner once the Owner has confirmed that the invoices have been sent through the email address provided by the Renter. If such invoice is not received by the Renter, the Rentermust notify the Owner immediately. Upon notification, the Owner will ensure that the invoice is re-sent to the Renter in due course.
13) Damage and Theft of vehicle
The Owner classifies the following as damage to the Vehicle (and the total excess stated in the Rental Agreement Summary must be paid by Renter if any of the following applies):
I. Any damage to the body such as paint work, cracked car lights, broken wing mirrors, bodywork scratches and scuffs, front and back bumper damages, Dents, scratches any misalignment.
II. Any chip or crack on windscreen (front, back and any of the four side doors).
III. Any damage to tyres such as cuts, nails, gouges or putchers.
IV. Addition of the wrong Fuel into the Vehicle. Please refer to the Rental Agreement Summary for the right fuel to use in the Vehicle.
V. Any interior damage such as broken buttons, any misuse of features within the Vehicle which may cause damage or malfunctions to the entertainment system, gear box, wind wiper, indicators, and any buttons inside the Vehicle. This includes any damage caused to boot space and any damage caused to seats, dashboard, and vehicle floor.
VI. Any change in condition from the Vehicle Condition Report (“Vehicle Condition Report” means the additional report which is separate to the Rental Agreement Summary included in the Rental Agreement, which sets out the condition of the Vehicle at the time the Rentertakes possession of of the Vehicle) other than wear and tear.
VII. Wrong fluids being used in the engine (such as oils and water)
VIII. Any burns or holes in or outside of the Vehicle.
IX. Any cracks, gouge or dents, excessive scratches on alloys.
14) Lost Keys
An additional charge will apply if the keys to the Vehicle are lost or damaged and The Renter will be liable for all costs relating to the recovery of the keys.
15) Vehicle breakdown and Towing
a) If the Vehicle breaks down due to negligence caused by the Renter or any Additional Driver, such negligence will be deemed as damage and the Renter will be liable to pay the total excess stated in the Rental Agreement Summary and any other administration fees to cover the handling of the claim and any other associated costs.
If the Vehicle breakdown is caused by the Renter or any Additional Driver’s negligence, or due to the Renter’s breach of the Rental Agreement, the Renter will be responsible for the payment of the towing fees that the Owner may incur to tow the Vehicle.
16) Charges
a) By signing the Rental Agreement, the Renter permits the Owner to provide their details, as well as a copy of the Rental Agreement, to the authority or organisation that issues a fine or charges against the Owner on behalf of the Renter, if the Owner considers that they have a right to share the information as permitted by law. The Owner will charge the Renter for any additional cost that they may incur when completing this process.
b) If the Renter wishes to appeal, contest, or dispute a fine or charge, the Owner will provide the details of the fine or charge to the authority(ies) or organisation(s) who issued the fine or charge. The Renter agrees to deal directly with the issuing authority(ies) or organisation(s) to get a refund and/or compensation.
c) If the Vehicle is seized by the police or customs and excise or any other authority during the Rental Period (and any additional period until termination of the Rental Agreement), unless such seizure was caused by the Owner’s negligence or breach of the Rental Agreement, the Renter agrees to pay:
i. any costs that the Owner may incur as a result of the seizure, which includes the initial uplift charge;
ii. plus any loss of rental income while the Vehicle is not available to rent to someone else; and
iii. a service fee of 75.00 GBP for the processing and collection of the Vehicle from the impound.
17) Personal information and security checks
a) The Owner shall collect the Renter’spersonal information and electronically scan the Renter’s identity documents onto the Owner’s systems. The Owner will hold and use the Renter’s personal information and that of any other Additional Driver as necessary to perform their obligations under the Rental Agreementin accordance with the terms of the Owner’s privacy policy which is available on the Onwer’s website or upon written request.
b) The Owner willoperate identity, security, driving licence and credit checks. By signing the Rental Agreement, the Renter permits the Owner to complete checks such checks against the Renter. If the Renterfails to satisfyany of the Owner’s checks, the Ownermay refuse to provide the Vehicle to the Renter or allow the Renter to rent the Vehicle. If the Owner finds that there are outstanding fees or charges owed by the Renter either to the Owner or any of their group companies, the Owner may refuse to provide or rent the Vehicle. In the event that the Owner determines that any information provided by the Renter is false or inaccurate, the Renter will be deemed to be in breach of the Rental Agreement and therefore liable to pay for any costs or damages that the Owner may incur as a result of the breach.
18) Governing Law and Jurisdiction
This Rental Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non- contractual disputes or claims).
19) Miscellaneous
The Owner shall send any written notices provided under this Rental Agreement to the address provided by the Renter in the Rental Agreement Summary. The Renter shall send any written notices provided under this Rental Agreement to the address specified in section 1 of this Rental Agreement.
We reserve the right to amend the terms and conditions herein from time to time (including any administrative fees that we are entitled to charge as set out in these Conditions) upon giving you not less than thirty days prior written notice.