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TERMS
OF RENTAL
It is important
that the customer (you) read and understand these terms
before you sign the Rental Agreement, or, if you do not
sign a Rental Agreement. before the rental detailed in the
Rental Agreement commences. These are the terms under which
the vehicle is rented to you by Europcar ("us"
or "we") and on which any insurance cover is provided
for you by us.
If you are
signing the Start Rental Agreement for somebody else (for
example your employer), you must tell us before you do so.
By signing for someone else, we will be entitled to assume
you have their agreement to commit them to follow these
terms and to pay all the charges and other monies. If you
are not authorised to sign for someone else you will be
responsible as if you signed the Rental Agreement in your
own name.
Where insurance
is being provided for you, please read the following carefully:
The insurance
cover may be cancelled if you have given any false information:
Only drivers we have first approved are covered by
insurance:
The insurance cover can end if you do not return
the vehicle to the agreed place at the agreed time.
We reserve
thr right to decline any prospective rental based upon reasons
of creditworthiness, accident history or any other reason
in our sole discretion.
1. Our Charges
1.1 You must pay us
the rental charge. inclusive of any insurance provided by
us pursuant to paragraph 2.1 and all other charges including
refuelling shown on the Rental Agreement. plus any Value
Added Tax. If you do not pay us money you owe us on time
we will charge you interest until you do. We will charge
interest at 4% per annum above HSBC Bank base rate. You
will also have to pay the losses and costs we run up whilst
we are preparing, carrying out or trying to enforce these
terms.
1.2 An Additional Driver charge will apply to any other
person approved by us in writing to drive the vehicle in
addition to yourself.
1.3 A Young Driver Surcharge will apply to any person over
the age of 23 but under the age of 25 who is approved by
us in writing to drive the vehicle.
2. Insurance
2.1 Except where we have agreed you may arrange your own
insurance under paragraph 2.4, we will provide you with
the third party cover ("TPC") which the Road Traffic
Act 1998 requires you to have. TPC provides you with unlimited
cover against claims relating to bodily injury or death
arising from your use of the vehicle, together with £250,000
cover for property damage.
Third Party Plus ("TPP") cover is available is
available as an optional extra. TPP will provide an unlimited
3rd party cover on cars and £5 million on vans and
trucks. Full details are available on request.
2.2 Personal Accident and Effects Cover ("PAEC")
is an optional extra protection which covers the driver
and passengers whilst in the vehicle against accidental
death, injury and medical expenses during the rental and
is available for an additional charge. Full details of the
amount you must pay and of the protection and current charges
are available on request.
2.3 Super Personal Accident and
Effects Cover ("SPAEC") offers coveer as per 2.2'PAC'
with higher levels of benefit and also includes protection
agaiinst theft, other loss or accidental damage to personal
effects in the vehicle during the rental. This protection
does not cover the first part of any claim. Full details
of the charges, levels of cover and excess amounts are available
on request.
2.4 It is important you and anyone else we authorise to
drive the vehicle understand that you are bound by and accept
the terms and conditions of any insurance policy which we
provide for you. Copy Policies are available on request.
2.5 You can arrange you own fully comprehensive insurance
but you must have our permission in writing first and you
must provide us with a valid cover note before the rental
commences. Full details are available from our Head Office.
3. Liability
3.1 The insurance provided in accordance with the Road Traffic
Act (mentioned in paragraph 2.1) only provides cover against
your liability to third parties in the terms set out in
the Policy, a copy of which is available on request. For
example, it does not cover:
theft of the vehicle, or damage due to the theft or attempted
theft of the vehicle, its parts or accessories:
theft of any property in the vehicle:
damage to the vehicle, its parts or accessories:
any financial loss we suffer because we cannot use the vehicle
for our rental business as a result of theft or other loss
or damage:
therefore you will have to pay to us the full value of any
loss or damage to the vehicle, its parts and accessories
and any financial loss we suffer because the vehicle is
stolen or damaged and we cannot use it, together with any
towing or storage costs. Loss of revenue charges for vehicles
will be applied at the daily rental rate prevailing by he
number of days (or proportion of days) the vehicle is unavailable
for use. You may have to pay the full replacement value
of the vehicle plus costs and loss of revenue. The following
paragraphs explain the options which are available to you
to reduce this liability.
3.2 The following optional waivers are available to you:
Damage Waiver ("DW"). DW relieves you of liability,
save for that incurred through your negligence, (above the
Current Excess Amount) for the full value of any damage
to the vehicle, its parts or accessories during your rental.
Theft Waiver ("TW"'). TW relieves you of liability,
save for that incurred through your negligence. (above the
Current Excess Amount) for the full replacement cost of
the vehicle, its parts or accessories, arising from theft
or attempted theft during your rental
The rental agreement shows which waiver options you have
chosen. You are advised that the aforementioned waivers
may be invalidated if you fail to take reasonable measures
for the safety or security of the vehicle, its parts or
accessories, or fail to comply with all the restrictions
on the use of the vehicle or otherwise abuse or misuse it.
3.3 You hereby authorise us to automatically charge to you
or debit your credit or charge card with the Current Excess
Amount if there is any loss or theft or damage (irrespective
of fault or the extent of that damage).
3.4 The Current Excess Amount in respect of DW or TW may
vary from time to time. DETAILS OF THE CURRENT EXCESS AMOUNTS
WILL BE AVAILABLE FROM OUR RENTAL STATION WHEN YOUR RENTAL
COMMENCES.
3.5 No waiver chosen by you gives protection against any
damage caused to tyres or by reason of you hitting a bridge,
car park barrier or other overhead object. You will have
to pay for all losses, cost and expense caused by such damage.
3.8 WE SHALL BE UNDER NO LIABILITY WHATSOEVER WHETHER IN
CONTRACT OR TORT OR OTHERWISE FOR ANY CONSEQUENTIAL OR BUSINESS
LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
OR THE USE OR CONTROL OF ANY VEHICLE AND YOU HEREBY AGREE
TO INDEMNIFY US FOR ANY LOSS OR DAMAGE LIABILITY AND EXPENSE
INCURRED BY US ARISING FROM YOUR BREACH OF THIS AGREEMENT.
4. Restrictions on Using the Vehicle
4.1 You hereby warrant that you will not allow the following
people to drive the vehicle:
Anyone under the age of 23, or has reached the age
of 75
Anyone whom we have not first approved in writing
as a driver of the vehicle:
Anyone who has been convicted of any drink driving
offence:
Anyone whose driving ability is affected through
drink or drugs or is a person who has been convicted of
driving under the influence of drugs:
Anyone who has been convicted of manslaughter (or
in Scotland culpable homicide) or causing death by dangerous
driving:
Anyone whose driving ability is impaired by physical
or mental disability:
Anyone who has been convicted of any motoring (except
parking offences) in the last three years unless full details
have been given to us and we agree to them driving:
Anyone who has been involved in any road traffic
accident in the last three years unless you give us full
details and we agree to them driving:
Anyone who is not qualified to do so or does not
have a valid, full driving licence.
4.2 You must not allow the vehicle
to be used:
For carrying fare paying
passengers, for hire or for other reward, driving tuition,
racing, pacemaking, speed trials or any other sporting competitions;
For any illegal
purpose;
For the carrying,
keeping or concealing of any goods, materials or substances
chargeable with a tax or duty which has not been paid or
the payment of which is thereby sought to be avoided or
in connection with the import or export of goods, materials
or substances contrary to any prohibition or restriction;
While in an unroadworthy
condition or while failing to comply with any statutory
provision;
To tow or push
any other vehicle or trailer (unless we agree to this in
writing first);
In any way which
contravenes the Highway Code, road traffic laws or any other
laws;
When it is overloaded
with luggage, goods or passengers;
For carrying
corrosive, radioactive, inflammable, explosive or other
harmful substances;
For carrying
anything which, because of its smell or condition, will
harm the vehicle or mean we lose time or money before we
can again rent out the vehicle;
Outside the United Kingdom
unless we agree to this in writing first. The Europcar EuroDrive
package may be available to purchase at time of reservation
or start of rental, the EuroDrive package is only available
on specific vehicles, in specific countries. Full details
are available on request.
4.3 If you do not follow these terms
you will have to pay us for any charges, damages, restoration
costs and expenses wehave to pay and any loss you cause.
You may also lose the benefits of any liability waivers
you have chosen.
5. What to do if the vehicle is stolen or damaged or you
have an accident
5.1 If the vehicle or any of its parts or accessories are
stolen or damaged, by a criminal act or if it is involved
in an accident in which someone is injured, you must immediately
contact the local Police to report the incident. You must
then telephone the rental station from which the vehicle
was rented and report the incident within twenty four hours
and give us the police details and any other Information
we ask for. You must also telephone the rental station from
which the vehicle was rented within 24 hours to report any
other Incident in which the vehicle was damaged. If following
any incident the vehicle is unroadworthy or dangerous it
must not be used.
5.2 You must always:
take the Police Crime Number and the reporting Officer's
name when the police are involved:
takes the names, addresses and telephone numbers
of all witnesses when relevant:
avoid saying or doing anything which admits that
the accident was your fault:
send to us at the rental station alt papers and documents
you receive about the accident or damage (Including copies
of any court papers and any legal documents):
fill in an Accident Report Form, sign it and send
it to us within 24 hours of the loss or damage otherwise
the insurers may refuse to consider the claim.
co-operate fully with us, the insurers and anyone
else we, or the insurers appoint. You must allow us or them
to take legal action and or to enforce legal rights in your
name. You must do anything else which we or the insurers
think is reasonably necessary to help us or them enforce
our or their rights for loss or damage to the vehicle, its
parts or accessories while you were renting it, If you receive
any money in respect of loss or damage to the vehicle and/or
it spares and accessories you must pay this to us and until
you do, hold it as trustee for us.
5.3 Failure to comply with your obligations under clauses
5.1 and 5.2 will render you liable for all claims, costs
and losses.
6. Roadworthiness
When the rental starts the vehicle will be roadworthy and
fit for normal use. If it is not, or if it becomes un-roadworthy
or unfit for normal use during the rental you must inform
the rental station from which you rented the vehicle or
telephone the emergency number shown on the rental document
wallet, You will be given this at the start of your rental,
If you have followed these terms we will try to replace
or repair the vehicle but we will not be liable for your
own loss or damage including loss of profit or earnings
unless the law says that we cannot exclude or restrict our
liability to you for this.
7 Responsibility for the vehicle and its return
7.1 You and any driver we approve must always drive the
vehicle carefully and considerately. You must not sell or
lend it or allow anyone else to have or obtain any possession
or rights over it. Upon return the vehicle together with
all its accessories and parts must be in good repair and
condition (apart from reasonable wear and tear). All damage
due to your negligence will be chargeable to you upon us
giving you a written estimate for the repair of such, notwithstanding
any DW procured.
7.2 Where you ask us and we agree to deliver the vehicle
or to collect the vehicle, you may have to pay additional
charges and follow additional instructions, A copy of our
Delivery and Collection Terms and Conditions is available
from any of our rental stations.
7.3 You will be responsible for the vehicle, its accessories
and its parts and fully liable under these terms of rental
from the moment we give you the keys, or we leave them or
the vehicle at the place and time which we have arranged
with you in advance. You continue to be responsible and
fully liable under these terms of rental until the vehicle
and keys are returned to us by handing them to our authorised
representative or any other method previously approved In
writing by us.
7.4 If you return the vehicle at any time outside our normal
hours of business or at any other time when our representative
is not available to inspect it you will be responsible for
it until we do inspect it.
7.5 When you return the vehicle to us or, where we have
agreed you may do so, you leave the vehicle for collection
by us you must complete the details of the date and time
of return, the mileage and fuel gauge reading and other
information shown on the rental document wallet. You must
also do anything else which we request as a condition of
our agreeing to collect the vehicle. You will be responsible
for continued hire charges until the vehicle is collected.
7.6 You are responsible for ensuring that any damage to
the vehicle found on delivery is noted on the rental agreement.
All vehicles are inspected before rental and again when
they return from rental. You will be held responsible for
any damage found on the vehicle following Its return from
rental.
7.7 If you do not return the vehicle to the agreed rental
station within 29 minutes of the agreed time, or if it is
not at the agreed collection point at the agreed time, you
will be charged an extra day's rental for each day of part
of a day that the vehicle is overdue.
7.8 Our vehicles are normally supplied with a full tank
of fuel either at the start of rental, or if we have agreed
to deliver the vehicle, when the delivery commences. If
a vehicle is returned with less than a full tank of fuel,
we will refill it, charge you for the fuel and for the refuelling
service. Where we have agreed to collect a vehicle, any
fuel used between the collection address and our nearest
rental station is chargeable. Refuelling rates are subject
to change without notice.
7.9 A Fuel Purchase Option may be available when you commence
your rental at rates prevailing at the time. By purchasing
a full tank of fuel at the commencement of your rental you
will be relieved from the aforementioned obligation to refill
the vehicle upon its return.
7.10 You must return the vehicle Immediately if we ask you
to, although we hope this will not be necessary. In the
event that the vehicle Is not delivered up to us upon request
you hereby authorise us to enter onto your premises and
to do any and all other things necessary to repossess the
vehicle, Any costs associated with such repossession shall
be for your account, We may repossess any vehicle without
notice or liability where we deem that such repossession
Is necessary for our own protection.
7.11 You must return the vehicle before the mileage reading
exceeds the maximum allowable milege as shown in the vehicle.
Failure to do so may result in late return mileage penalties.
8 Responsibility for your property
We will not be responsible If your property (or anybody
else's) is damaged, lost or stolen while it is in the vehicle.
You are responsible for our losses and expenses caused because
you leave property in the vehicle at the end of the rental.
9 Road Traffic Acts and other laws
While you are renting the vehicle you will be liable, as
if you were the owner, for any offence committed under the
Road Traffic Acts and any other relevant loss in respect
of the Vehicle and its use during the rental period which
results in the imposition of fixed penalties or excess charges.
You hereby authorise us to pass through to you any notice
or proceedings received by us relating to a period during
which the vehicle was rented to you. You hereby agree to
respond to and settle any notice or proceedings so received
and to indemnify us against any liabilities or expenses
incurred hereunder, For example, you might have to pay a
fixed penalty or pay an excess charge for:
a) Driving or parking in the dark without the required lights:
b) Parking or waiting where it is not allowed:
c) Not paying the right amount for parking at a meter or
in a car park. under the Road Traffic Act 1991 - Sections
66.76. and Schedule 6 (as amended).
10 Charge Cards Credit Cards and Debit Cards
WHEN YOU SIGN THE RENTAL AGREEMENT, OR WHEN YOU DO NOT SIGN
A RENTAL AGREEMENT, WHEN RENTAL COMMENCES YOU ARE GIVING
US AND THE CARD PROVIDER PERMISSION TO CHARGE YOUR CARD
WITH MONEY PAY ABLE BY YOU UNDER THESE TERMS TOGETHER WITH
PROVISION FOR ANY DEPOSIT DEEMED NECESSARY.
11 Other Terms
11.1 If you do not follow these terms and the vehicle or
any of its parts and accessories is lost or damaged. you
will be responsible. You will also be responsible for any
financial loss we suffer as a result and for any relevant
claims made by other people You agree to pay any amounts
we spend enforcing these terms.
11.2 You (or any other authorised driver) shall not be acting
as agent, servant or employee for us in any circumstances.
We will be entitled to treat anyone acting or claiming to
act on your Instructions as your agent. The rental is personal
to you and you cannot transfer your part of any agreement.
11.3 If two or more persons are named on the Rental Agreement
each of them will be jointly and severally liable in full
for all our charges and for following their terms.
11.4 The entire terms between us for the rental of the vehicle
are contained in the Rental Agreement and in these terms.
All rentals which include delivery or collection of the
vehicle are also subject to additional terms and conditions
applicable to deliveries and collections.
11.5 If the vehicle is stolen, lost, destroyed or damaged
during your rental, your responsibilities to us remain unchanged
and continue to apply.
11.6 If you and we agree, or a court of law decides, that
one of these terms is illegal, not valid, or cannot be enforced,
the term in question will be changed. In meantime the rest
of these terms will still apply. If we cannot change the
term in question to make it valid and enforceable the rest
of the terms will continue without it. In either case, the
change will apply on the date we agree or the Court decision
is made.
These terms can only be changed
in writing by or with the written consent of a Director
of Europcar UK Limited.
These terms will be governed
always by the laws of England and Wales. If there are any
disputes these shall be resolved in the Courts of England
and Wales.
The information which you provide
in your start rental agreement may be disclosed to a licensed
credit reference agency which will retain a record of such.
It may be used by other lenders in assesing other applications
by you and for the occasional debt tracing and fraud prevention.
Europcar UK Limited is a company
registered in England with limited liability under 875501.
Registered Office Europcar House, Aldenham Road, Watford,
Hertfordshire WD23 2QQ.
Issue No 120/1/08/00
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