Please note as a specific time/dated service, Distance Selling Regulations do not apply to vehicle hire services made via online, or telephone. 

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The below will form your rental agreement upon collection of the van.

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1. In this agreement the following terms shall have the meanings hereby respectively assigned to them:

 

Lessor: Malex Automotive Ltd t/a Hinckley Van Rental

Hirer: The person named as such overleaf, which shall, when the context so admits, include the driver of the vehicle

Driver: Any person named overleaf as such or on a continuation page as such

Vehicle: The original vehicle described overleaf or any replacement vehicle under this agreement together with the spare wheel, tools and other accessories supplied with the vehicle

Rental Period: The period from the date and time out stated overleaf until the vehicle is returned and declared off hire in accordance with section 14.

Rental Charges: The hire charges for the rental period and other charges as detailed and calculated in accordance with the Lessor’s current tariff

Fault Accident: An accident or loss which affects entitlement to a no claims discount under a private motor insurance policy.

 

2. The hirer acknowledges that the vehicle is fit for their purpose and is in good condition and undertakes to return it, and its accessories in the same condition, fair wear and tear excepted, at the time and date as specified by the Rental Charges and the start of the Rental Period.

 

3. During the rental period the Hirer shall keep the vehicle and its accessories in his possession and free from legal process or lien and when not in use adequately protected and secured.

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4. During the rental period the Hire shall

     a. check daily engine oil level, water level in radiator, washers and wipers, lights, tyre tread, tyre pressure, wheel nuts and brake fluid level.

     b. at the Lessor’s reasonable request make the vehicle available for inspection, service, or repair.

If the Hirer is in breach of conditions 4(a) or 4(b) then the Hirer shall indemnify against all loss or damage whatsoever thereby arising

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5. The Hirer shall ensure that the vehicle is not used
     a. for the carriage of passengers or goods for hire and reward unless specifically agreed in writing from the Lessor.
     b. for any illegal purpose or in contravention of any legislation affecting the Vehicle, it’s use or construction.
     c. to propel or tow any vehicle or trailer without the prior written permission of the Lessor.
     d. outside England, Scotland or Wales without the prior written consent of the Lessor.

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6. The Hirer shall ensure that the Driver 
     a. has held a full valid UK driving licence for the class of Vehicle being hired for at least 2 years. 
     b. if using the Lessor’s insurance, is not an excluded driver unless specifically agreed in writing from the Lessor. An excluded driver is classed as the following
          i. has held a full valid driving license for the class of Vehicle being hired for less than 2 years.
          ii. persons aged under 21.
          iii. persons aged over 79.

          iv. part-time or full-time professionals in any sport or entertainment activity.

          v. persons who have been involved in 3 or more fault accidents.

          vi. persons who have received a fixed penalty notice or been convicted of a motoring offence in respect of which 4 or more penalty points have been endorsed on their driving licence, unless the time during which such penalty points must stay on their driving licence has expired.

          vii. persons with 6 or more penalty points endorsed on their driving licence.

          viii. persons with a live conviction or prosecution pending for any of the following motoring offences AC10 to AC30 (inclusive), BA10 to BA60 (inclusive), CD40 to CD90 (inclusive),CU80, DD10 to DD90 (inclusive), DR10 to DR80 (inclusive), IN10, MS50, MS90 or TT99.

          ix. persons who have been disqualified from driving in the past 5 years.

          x. persons with a medical condition which the DVLA must be notified.

          xi. persons who have been told by their doctor not to drive.

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7. The Hirer acknowledges that if the vehicle has been hired subject to the Hirer arranging for a fully comprehensive policy, it is to be in force throughout the entire Hire Period, and that the Hirer shall indemnify the Lessor against all injury, loss or damage whatsoever and however arising if in breach of the above.

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8. The Hirer agrees to pay on demand
     a. Rental Charges.
     b. an administration charge of £35.00 for each FPN or PCN issued whilst the vehicle is on hire.
     c. any other charges at the rates referred to or in force at any time.
     d. the damage excess in respect of each incident at a rate of £600.00, £800.00 for drivers aged 23 or 24, or £1000.00 for drivers aged 21 or 22 and over 75, or agreed stated excess for a referred excluded driver
     e. any amount in respect of which the Hirer is required to indemnify the Lessor pursuant to the terms of this agreement.

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9. The Lessor shall have a right of set off, against any amount due from them to the Hirer, any sum or sums which at the date of set off are due and owing to the Lessor from the Hirer.

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10. The Hirer shall
     a. inform the Lessor immediately of any loss, damage, or fault developing in the vehicle. 
     b. at the request of the Lessor permit to be done (if necessary, in the Hirer’s name) including but not limited to
          i. all acts and things that may be reasonably required by the Lessor for the purposes of repairing the Vehicle.
          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 on the vehicle.
          iii. arising from the loss or damage to any property left stored or transported in or upon the vehicle.

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11. The Hirer shall in the event of any accident or event
     a. immediately report said accident or event to the Lessor and deliver every document of any kind received by the Hirer relating to any claim connected with an accident or event involving the Vehicle.
     b. shall assist the Lessor in investigating or defending any claim.
     c. shall not admit liability or guilt
     d. make every endeavour to obtain names and addresses of parties involved and independent witnesses.

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12. The Hirer acknowledges they shall not
     a. without prior consent of the Lessor incur any liability for repairs to the vehicle in excess of £25.00.
     b. be the agent or servant of the Lessor for any purposes or make themselves out as being as such.
     c. make claim against the Lessor for loss or damage to any property left stored in or upon the vehicle unless caused by the negligence of the Lessor.

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13. The Hirer shall be liable as owner of the Vehicle in respect of
     a. any fixed penalty committed in respect of the Vehicle under part III of the Road Traffic Act (1988) and any amendments thereafter or subsequent legislation or orders and any such offence committed under the equivalent legislation applicable to Scotland.
     b. any excess charge which may be incurred in respect of the Vehicle in pursuance of any order under sections 44 and 45 of the Road Traffic Regulations Act (1984) and any subsequent legislation or orders and any such offence committed under the equivalent legislation applicable to Scotland.
     c. any charge or financial penalty which might be demanded by any corporation, authority or person as a result of the vehicle having been parked or left upon land which is not a public road.
     d. any provisions that may be replaced or amended in respect of the above acts, regulations or penalties, including the equivalent legislation applicable to Scotland
     e. any charges made by Her Majesties Customs & 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.

 

14. The Vehicle shall remain on hire until the off-hire procedure has been completed. The vehicle will be deemed off-hire for insurance purposes when it is delivered into the possession of the Lessor, the keys of the Vehicle have been handed to a representative of the Lessor, and the condition in section of the Agreement has been completed.

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15. The Vehicle shall remain the risk of the Hirer until the off-hire procedure has been completed, and the Hirer should ensure that the insurance is in force, failing which the Hirer will be personally liable for any loss or damage which occurs.

 

16. The Lessor may demand the return of the vehicle at any time, and if in the Lessor’s reasonable judgement such demand might not be complied with, the Lessor may repossess the Vehicle and terminate this Agreement without any liability for loss or damage which the Hirer may sustain as a result of such demand and termination or repossession.

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17. In the event of the Hirer not returning the Vehicle at the end of the Rental Period, this is deemed as breach of the Agreement and damages would be payable to the Lessor of at least equivalent to the Rental Charges for the period until return or recovery of the Vehicle.

 

18. The Hirer is responsible for
     a. damaged caused to tyres, fair wear and tear excepted.
     b. breakages to windscreens and windows.
     c. any charges or fees, including recovery charges or fees due to the Vehicle running out of fuel.
     d. the cost of recovery and repairs due to miss-fuelling.
     e. any recovery fees caused under section 165a of the Road Traffic Act
     f. any recovery fess caused by the removal of the vehicle due to the Vehicle being deemed by Police as obstructing the highway

 

19. The Hirer agrees
     a. that the Driver undertakes to drive and control the vehicle in a skilful and careful manner at all times.
     b. that the Driver shall undertake not to commit any offence under the Road Traffic Act (1988) and The Road Vehicles Construction & Use regulations (1986) including but not limited to
          i. using a handheld mobile phone device while driving.
          ii. driving without due care and attention.
          iii. inconsiderate driving.
          iv. dangerous driving.
          v. careless driving.
          vi. driving whilst under the influence of alcohol or drugs.
     c. that the vehicle must not be smoked in, used to carry pets or livestock
     d. that if the Driver doesn’t adhere with 19(a), 19(b), or 19(c) that the Lessor can terminate the Agreement immediately with no return of the Rental Charges.

 

20. Notwithstanding any agreed period of credit, if any invoice is overdue for payment the balance of the account becomes immediately due and payable.

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21. The Lessor shall be liable to the Hirer for direct loss only as herein provided. It is agreed and acknowledged by the Hirer that the Lessor shall not be liable for any indirect or consequential loss whatsoever, however arising. Nothing in these terms and conditions shall be deemed to exclude the Lessor’s liability for death or personal injury resulting from negligence or other liability of the Lessor which cannot excluded as a matter of law.