AutoClub Terms & Conditions

In these terms and conditions (a) "the Company" means the Company whose details appear on the front of this form (b) "the Customer" means the person, firm or organisation by or on behalf of whom vehicles are rented under these Terms and Conditions (c) "Authorised Driver" means the driver(s) additional to the Customer approved and entered overleaf by the Company. The Customer will ensure that any Authorised Driver will comply with these Terms and Conditions (d) "Vehicle" means the Vehicle described overleaf (e) "DLW" means Damage Liability Waiver (f) "TPI" means Third Party Insurance relating to Third Party motor liability (g) "Insurer" means the insurance company with which TPI is arranged.



1.The Company agrees to rent and the Customer agrees to take the Vehicle on the Terms and Conditions as set out herein.



2.The Customer will pay the Company on demand all charges due hereunder including where relevant, sums in respect of DLW, surcharges, additional charges and VAT or other taxes thereon.



3.DLW and TPI are available through the Company. There will be an additional charge, subject to the terms of issue, for DLW. There will be no additional charge for TPI. The Company will always require a current, full driving licence held for at least 12 months prior to rental, and reserves the right to inspect such a licence. TPI will not cover loss of or damage to the Vehicle caused by driver abuse; nor will DLW apply in these circumstances. Vehicles for which DLW and TPI are taken out are rented to the Customer on the condition that the Customer complies with their respective terms and conditions. The Insurer will not accept liability for loss and damage caused while a vehicle is rented to a Customer who does not comply with these terms and conditions; nor will DLW apply in these circumstances. The Customer agrees to make any payment necessary to put the Company in the same position as it would have been in if the breach of the relevant terms and conditions had not occurred. The Customer will supply any information concerning the driver(s) of the rented Vehicle to the Company upon demand and undertakes to allow the Company direct access to the driver(s) of the Vehicle and will fully co-operate in obtaining such access. If DLW is not taken out by the Customer, the Customer will be liable for the full cost of any damage sustained by the Vehicle. In all cases where Customer’s own insurance has not been arranged, TPI is mandatory. For the avoidance of doubt Waiver Excess applies not only to damage but also to theft of the Vehicle. The Customer will use his best endeavours to supply full details of any Third Party Vehicle involved in any accident with the Vehicle.



4.If the Customer has opted to arrange his own insurance on the Vehicle, the cover must be comprehensive. Any excess on the policy is the responsibility of the Customer. The Company reserves the right to ask for satisfactory proof of the Customer’s own insurance prior to the commencement of rental. The Customer is responsible for ensuring the Vehicle is properly insured from the time of delivery until 12.00 hours on the first working day following termination of the rental and indemnifies the Company against the loss incurred or damage to the Vehicle in the event that such cover fails to be effective. If the Customer becomes aware of any changes in his insurance cover during the period of the rental Company’s Insurance Department (James House, 55 Welford Road, Leicester LE2 7AR) must be notified immediately in writing. In the event of accident/loss or damage to the Vehicle the Company will undertake repairs or select a repairer if applicable and will invoice the Customer for such repairs and any associated costs. Such invoice will be subject to payment on demand. The Company may at its discretion accept payment from the Customer’s insurer, however ultimate responsibility is with the Customer. The Company reserves the right to inspect the Customer’s driving licence or that of his servant or agent and the Customer undertakes to ensure that any driver using the rented Vehicle holds a full (not provisional) licence.



5.The Customer acknowledges that notwithstanding the provisions of (3) and (4) above he has a duty to ensure that all reasonable care is taken of the Vehicle against damage or loss throughout the rental period. The Customer accepts responsibility for any loss or damage to the Vehicle caused by his wilful act or negligence. This includes but is not restricted to responsibility for any loss or damage to the Vehicle or its accessories as a result of theft occurring when the Customer or his servant or agent has left the keys in or with the Vehicle and the Customer hereby indemnifies the Company against such loss or damage.



6.
(a) The Customer undertakes to ensure that the Vehicle is not subject to overloading in respect of number of persons or weight of goods carried within the Vehicle during the rental period.

(b) If the Vehicle is used outside the mainland UK, the Customer undertakes to ensure that the Vehicle is checked for illegal immigrants before returning to the UK.



7.The Customer undertakes to return the Vehicle with all tyres, tools, audio equipment and other accessories in the same condition as when received to the place and on the date set down overleaf. If special cleaning is required for whatever reason the Company will make a separate charge to cover the cost of any cleaning and/or repair work required.



8.The Company undertakes to provide a Vehicle to the Customer which is in good working order and which functions satisfactorily throughout the rental period. If the Vehicle breaks down during the rental period (but only for reasons attributable to the Company’s negligence or wilful default), the Company undertakes to place the Customer in the position which he would have been in had the breach not taken place. Therefore the Company will, where the Vehicle breaks down in mainland UK, arrange, as soon as reasonably practicable after being informed of the breakdown,

(a) recovery and repair of the rented Vehicle so that it is rendered functional, to a satisfactory extent, for the remainder of the rental period and/or,

(b) where the rented Vehicle cannot be so repaired, provision of a replacement vehicle, of an equivalent standard and size to the rented Vehicle, to the Customer for the remainder of the rental period. Provision of this service in circumstances other than those shown above shall be at the discretion of the Company.



9.Where the Vehicle develops a fault during the rental period owing to any reason whatsoever, the Customer undertakes to inform the Company immediately, and not to use the Vehicle while it is in an unroadworthy condition.



10.Vehicles are rented at a daily rate according to the agreed charge, one day being defined as any period of 24 hours from the time of commencement of the rental agreement. A grace period of 59 minutes is allowed for after time due back. After this a day’s charge will be made.



11.
(a) In the event that the Customer requires a Vehicle for a longer period than the agreed rental period the Customer must notify the Company at least 2hours prior to the termination of the agreed rental period. In the event that the Customer fails to notify the Company of such requirement his authority to retain said Vehicle may, at the Company’s discretion, terminate and, in that event, the Customer will become liable for any loss or damage incurred by the Company as a result. The Company reserves the right, in the event of such failure of notification, to use such lawful means as it may choose to recover said Vehicle.

(b) If the rental is to be extended beyond 28 days the Customer must notify the Company of the mileage of the Vehicle. The Company reserves the right to substitute a suitable replacement Vehicle.

(c) In the event that a Vehicle on rent reaches the mileage at which a routine service is due the Customer undertakes to notify the Company and make that Vehicle available to the Company for such servicing to be carried out or for the Vehicle to be replaced at the Company’s discretion.



12.If at termination, the Customer has complied with all the terms and conditions stipulated herein, then, but not otherwise, and subject to condition 5 above, responsibility for loss or damage to the Vehicle or its accessories is:

(a) The full cost of any damage to the Vehicle if DLW has not been purchased.

(b) Insured by the Customer where the Customer has arranged his own insurance in accordance with clause 4 above..

(c) Limited to the price paid for DLW and the excess payable, where DLW has been purchased.



13.All Vehicles are supplied with a full tank of fuel. If a Vehicle is delivered to the Customer, the Customer is liable for the cost of the fuel from the time it leaves the Company’s branch until such time as it is returned to a Company branch. All Vehicles will be refuelled upon return to a Company branch and the Customer accepts responsibility for the cost of such refuelling at the prevailing Company rate per litre.



14.
(a) The Customer is liable for all penalties incurred during the rental period including, but not restricted to, parking, clamping, bus lane and speeding fines, congestion and compound charges and in addition when the Company has to provide the Customer’s details to the authority levying such penalty, or it remains unpaid the Customer shall also be charged no more than an amount equivalent to the actual cost of the penalty.

(b) At the termination of the rental it is the Customer’s responsibility to ensure that the Vehicle is parked in a suitable place to allow collection at any time up to a period of 6 working hours from termination without the imposition of any parking or clamping fines or towing or compound charges. If this provision is not complied with then the Customer shall be responsible for such penalties. If these remain unpaid they shall be charged to the Customer, together with an amount equivalent to the actual cost of the penalty incurred.

(c) If the Vehicle is seized by Customs & Excise or the Immigration Authorities the Customer shall be charged for any Civil Penalty and restoration charges and loss of income whilst the Company cannot rent out the Vehicle.



15.The Vehicle will not be used:

(i) For the carriage of passengers or property for hire or reward.

(ii) For racing, pacemaking, reliability trials, speed testing or driving instruction.

(iii) To propel or tow any other vehicle or trailer except where the Vehicle is covered by the Customer’s own insurance and the Company’s written consent has been obtained.

(iv) In violation of the provision of any legislation, order or regulation affecting the use, loading or condition of the Vehicle or for any illegal purpose.

(v) Outside mainland United Kingdom without the express agreement of the Company.



16.The Vehicle will not be driven by any person:

(i) Other than the Customer or an Authorised Driver.

(ii) Who is under the age specified by the Company from time to time details of which will be available at the time of reservation). At certain locations an upper age limit may apply.

(iii) Who has not held a valid full driving licence for a minimum period of 12 months.

(iv) Who is under the influence of alcohol, hallucinatory drugs, narcotics or barbiturates.

(v) Whose driving licence is subject to restrictions due to disability or infirmity.



17.The Customer acknowledges that any property placed within the Vehicle is there at his own risk and that the Company has no responsibility for such Property.



18.The Customer will at the Company’s request do all required by the Company on its behalf and on behalf of the Insurers and permit his name to be used by the Company for enforcing any rights or remedies against any persons in connection with the Vehicle.



19.The Customer or any Authorised Driver of the Vehicle will in no way be deemed to be the agent, servant or employee of the Company.



20.The Company will not either on its own behalf or on behalf of the Insurers, waive any of its rights hereunder except in writing signed by a duly authorised representative of the Company or the Insurers respectively.



21.The Company reserves the right not to reimburse any repairs in excess of £10 not authorised in advance by the Company.



22.If the Customer is a Company or other organisation for which a credit account has been opened these terms and conditions must be read in conjunction with the Corporate Terms and Conditions of Trading given to the Customer at the time of opening the account as varied from time to time. In the event of any inconsistencies the Corporate Terms and Conditions shall prevail.



23.The Company reserves the right to terminate the rental to which this agreement refers if it becomes aware of any breach by the Customer of these Terms and Conditions. Upon breach of the above terms and conditions the Company may give your personal details to credit reference agencies, the Driver & Vehicle Licensing Authority (DVLA), Customs & Excise, the police, debt collectors, and any other relevant organisation. The Company may also give your personal details to the British Vehicle Rental and Leasing Association, who may pass your details on to any of its Members for any purpose stated in the Data Protection Act 1988.



24.Government taxes and other levies will be charged as required by current legislation.



25.The Customer acknowledges that the Company is entitled to charge any credit, charge or debit card nominated at the time the rental is effected for any charges due to the Company pursuant to this agreement.



26.If the Customer has chosen to pay in a currency other than that used by the Company when the quote was prepared, that choice has been made in the knowledge that the Company has used an Exchange Rate based on a commercial exchange rate supplied by HSBC Bank plc, plus 2.75%. The Customer accepts that a choice of currency was available and that their decision is final.