When you sign the Rental Agreement Summary you accept the terms and conditions on the Rental Agreement.
Please read this Agreement carefully. If there is anything you do not understand, please ask any member of staff. In this Agreement any reference to "we", "our" or "us" means Smart carz rental and any reference to "you" or "your" refers to the "Renter" name on the Rental Agreement Summary.
We and you are the only parties to this Agreement and you are responsible for complying with all the terms of this Agreement Any reference to "Vehicle" refers to the original vehicle or the replacement vehicle specified on the Rental Agreement Summary of this Agreement.
We assure you that the Vehicle is roadworthy and suitable for renting at the start of the rental period.
This Agreement is the entire Agreement between you and us concerning the rental of the Vehicle and cannot be altered unless agreed to in writing and signed on behalf of you and us.
2. Rental period:
We agree that you may have the Vehicle until the return date on the Rental Agreement Summary. We may agree to extend this rental orally or in writing but the rental period may never be more than 3 months. We may require you to pay an additional deposit if we agree to extend the rental.
Subject to the following conditions, By signing the agreement you have agreed to return he vehicle on the time which is showing on your agreement, during our standard office hours which are 9am to 7pm Monday to Friday If you return the vehicle later than the time on your agreement an late of £15 per 15 minutes will be charged plus a £95 administration fee. We closed at 7pm and cannot accept any return after 7pm. A next day rental will be charged but the £95 administration fee.
3. Your responsibilities:
a. You must look after the Vehicle and the keys or other device which unlocks the Vehicle and/or enables the Vehicle to be started. You must always lock the Vehicle and secure all of its parts when it is left unattended.
b. You must not let anyone work on the Vehicle without our permission. If we give you permission, we will only give you a refund if you have a receipt for the work.
c. You must inspect the Vehicle prior to taking possession of it.
d. You must stop using the Vehicle and contact us as soon as you become aware of a fault with the Vehicle.
e. You must bring the Vehicle back to us by the date and time shown on the Rental Agreement Summary unless otherwise agreed. One of our staff must see the Vehicle to check that it is in good condition. If we have collect the vehicle because you refuses to return the vehicle it will be subject to a £250 recovery charges plus £85 administration fee.
f. You must ensure that you have not left any personal belongings in the Vehicle before you bring back the Vehicle.
g. By signing the statement of liability on the Rental Agreement Summary, you acknowledge that you will be liable as the owner, driver or operator of the Vehicle for any offence, penalty, charge or fine which is committed, issued or incurred in respect of any parking, bus lane, congestion charge or traffic offence or contravention in any jurisdiction where the Vehicle is driven until it is returned, unless caused through our own fault.
4. Use of the Vehicle:
The Vehicle must not be used:
a. by anyone other than you or any Additional Driver named on the Rental Agreement Summary;
b. by anyone without a full valid driving licence for the class or use of vehicle rented;
c. for hire or reward;
d. for any illegal purpose, or to deliberately cause injury, loss or damage to property or person;
e. for racing, pacemaking, testing the Vehicle`s reliability and speed or teaching someone to drive;
f. while under the influence of alcohol or drugs;
g. outside of the United Kingdom or in the case of rentals in Northern Ireland outside of the United Kingdom or the Republic of Ireland, unless we have given you written permission;
h. overloaded with more passengers than seatbelts or to transport children without the legally required car seats;
i. to propel or tow any other vehicle or trailer;
j. other than on a paved public highway, private road or driveway;
k. to transport dangerous or noxious substances;
l. in a reckless manner;
m. in or on that part of any aerodrome, airfield, airport or military installation provided for the take-off, landing, movement or parking of aircraft and aerial devices, including any associated service roads, refuelling areas, ground equipment parking areas, aprons, maintenance areas and hangars.
a. For all daily items designated as "/day" on the Rental Agreement Summary:
• If the Rental Agreement Summary indicates "day = 24 hour period", a day is each consecutive full or partial 24 hour period.
• If the Rental Agreement Summary indicates "day = calendar day", a day is each consecutive full or partial calendar day.
• All charges are for a minimum of 1 day.
b. For all rental terms shown as "/week" or "/28days" on the Rental Agreement Summary:
• If the Rental Agreement Summary indicates "/week" a week is 7 consecutive days beginning at the start time of the rental.
• If the Rental Agreement Summary indicates "/month" a month is 28 consecutive days beginning at the start time of the rental.
c. You agree to pay us the following charges:
• The time charges for the rental period and any extension of the rental period at the daily rate shown on the Rental Agreement Summary (or if no rate is provided on the Rental Agreement Summary, at the standard prevailing daily rate).
• Charges for any optional services or products which you chose to accept.
d. Additional Obligations - You shall pay to us on demand:
• All fines and court costs for parking, bus lane, congestion charge, traffic or other offences assessed against the Vehicle, us, you, any Additional Driver or any other driver you permitted to use the Vehicle until the Vehicle is returned unless caused by our own fault;
• A reasonable administration fee £95 for processing any fines or offences against the Vehicle, you or us during the rental period, unless caused by our own fault;
an administration of £95 is charged with the following, late return of the vehicles plus the late fee of £15 per 15 minutes.
Our costs including reasonable legal fees incurred when collecting payments due from you under this Agreement;
• A reasonable collection fee if the Vehicle is not returned to the original rental office indicated on the Rental Agreement Summary
Providing recovery for low battery and running out of fuel £150 plus administration fee of £95;
• A cleaning fee if you fail to return the Vehicle in a reasonable condition and such charge shall be the additional cost to us reasonably incurred as a result of such failure;
Smoking in the vehicle or returning the vehicle with strong odour standard fee of £150 plus the administration of £95
Any recovery fees reasonably incurred by us where the Vehicle fault or damage is the result of human error by you, any Additional Driver or any other person you permitted to use the Vehicle and is not covered by any manufacturer breakdown programme;
a recovery fee of £250 plus the administration fee of £95
• A refuelling service charge which will be based on the rates set on the Rental Agreement Summary of this Agreement or at the r if you did not return the Vehicle to us with the agreed amount of fuel unless an optional fuel product was purchased to waive this charge. £95 to £150
e. In the case of damage to, loss or theft of, the Vehicle or any part or accessory howsoever caused to the Vehicle unless caused through our own fault, you shall pay us on demand: The small to medium vehicle is subject to £2200 excess and the larger vehicle are subject to £5000 excess
• Fair market value of the repair or replacement of the Vehicle, part or accessory (as applicable) or a repair value calculated by reference to our standard list for minor repairs;
• Any excess which is due under the rental agreement/ this Agreement. Vehicle;
Reasonable administration fees; £95
• Loss of revenue at the daily rate shown on the Rental Agreement Summary (or if no rate is provided on the Rental Agreement Summary, at the standard daily rate for the vehicle provided) based on our loss of income of the Vehicle, not to exceed 30 days, provided that this does not result in us being compensated twice for the same loss;
• A reasonable sum for diminishment of value as determined by an independent motor engineer; and
• Any towing, storage and impound fees reasonably incurred by us as a result of the damage to, loss or theft of the Vehicle.or the vehicle get impound you will be reasonable for the impounds charges plus a £150 administration fee.
We shall have the sole right and responsibility to repair the Vehicle and shall, unless you have already settled our agreed repair costs, attempt to repair the Vehicle and process the insurance claim in a timely manner. Your liability for damage to, loss or theft of, the Vehicle may be reduced by the purchase of a Damage Waiver or Axcess Protection/Partial Waiver (see paragraph 8).
f. You will pay Value Added Tax and all other taxes (if any) payable on any of the charges listed in this paragraph 5.
g. You are responsible for all charges, even if you have asked someone else to be responsible for them or we have billed any third party. You agree that we will compute and debit final charges from your credit and/or debit card if that is the form of deposit or security being used, as shown on the Rental Agreement Summary. All charges are subject to final audit. We will use reasonable endeavours to notify you before debiting from your credit and/or debit card charges which are finalised or come to light after the end of the Agreement.
Where the rental of the Vehicle is consequent upon your own vehicle having been involved in an accident, we may at our sole discretion permit payment of the charges due under this Agreement to be deferred for a period not exceeding 11 months from the date of this Agreement. At the end of the deferment period the amount due shall become payable in one single payment. No interest or other charges shall be payable during, or in respect of, the deferment or credit period.
6. Responsibility to third parties: Unless the words "3RD PARTY COVER INCLUDED" appear on the Rental Agreement Summary, if valid motor third party liability insurance is available on any basis to you, Additional Driver(s) or any other driver, and such insurance satisfies the Road Traffic Act 1988 (as amended by the Road Traffic Act 1991), Road Traffic (Northern Ireland) Order 1981 or any other legislation currently in force in any jurisdiction in which the Vehicle is operated during the rental period, that insurance is primary and our motor fleet insurance policy will not cover the use of the Vehicle by you, any Additional Driver(s) or any other driver (as the case may be). You are required to report the claim to your insurer and comply with the terms of any applicable insurance policy. You are required to disclose details of any such insurance to us or our insurer on demand. If such insurance is available to you, but does not cover the relevant third party claim, you agree that we or our insurers may handle the third party claim on your behalf through our motor fleet insurance policy, and that we will have the sole right to settle any claim as we or they may decide is necessary, and you assign any rights available to you under your insurance policy to us, which includes allowing us to make a claim under any policy in your name. You agree to fully cooperate with any claim that we or our insurer may make against your insurer in such circumstances. If the insurance available to you, Additional Driver(s) or any other driver (as the case may be) does not pay any third party the damages they are entitled to as a result of you, Additional Driver(s) or any other driver failing to comply with the terms and conditions of that policy, you will have to repay on demand all costs incurred by us or our insurers in settling and handling the claim.
However, if the words "3RD PARTY COVER INCLUDED" appear printed on the Rental Agreement Summary, or no valid third party liability insurance is available on any basis to you or any Additional Driver(s), and you and any Additional Driver(s) are in compliance with the terms and conditions of this Agreement, we agree that the use of the Vehicle by you and any Additional Driver(s) will be covered, subject to all terms, conditions, limitations, exceptions and exclusions, under our motor fleet insurance policy against claims from a third party alleging injury, death or damage to property, as required by the Road Traffic Act 1988 (as amended by the Road Traffic Act 1991), Road Traffic (Northern Ireland) Order 1981 or any other legislation currently in force in any jurisdiction in which you operate the Vehicle with our permission. . The policy gives the insurer the sole right to settle any claim as they may decide is necessary. You agree to fully cooperate and assist us and our insurers in the investigation of any third party claim. If our insurers are required to make any payment to a third party as a result of the use of the Vehicle which involved a breach by you or any Additional Driver of any of the terms and conditions of this Agreement or of our motor fleet insurance policy, you will have to pay on demand all sums paid by our insurers in relation to the claim. This is in addition to any damages which we may legally claim as a result of the breach. If you provide false information in relation to any third party claim, or if we or our insurers suspect fraud, we may notify fraud prevention agencies and databases, and you may be prosecuted.
7. Damage and theft responsibility: I
If you have paid us everything required under this Agreement and we later recover all of our losses from a third party we will refund you any excess.