1. Scottish law applies to this agreement and any disputes in relation to this agreement.

2. The hirer is the driver specified in Driver one box overleaf. The driver shall be bound by the following terms and conditions which incorporate the details shown on the agreement. 

3. The hirer shall not (1) grant any form of security or other encumbrance in respect of the vehicle (2) enter into a transaction or series of transactions (whether voluntary or involuntary) to sell, lease, transfer or otherwise dispose of the vehicle.

4. If the hirer has indicated on the rental agreement that he/she wishes the Lessor (namely the company specified as such on the agreement) to provide insurance then the following provisions apply.

5. This agreement is subject to and is deemed to include the terms, conditions, and limitations of the lessor’s insurance policy of which can be inspected at the lessor’s office.

6. Any vehicle hired under this agreement may only be driven by the hirer or by any additional driver authorised drivers who have had a completed insurance proposal form accepted by the lessor.

7. The hirer agrees to pay the insurance charges on the Lessor’s current tariff, plus the waiver charges for reducing or removing the insurance excess as initiated, and the excess as shown overleaf.

8. Even though it may be covered by the Lessor’s own insurance the hirer shall be liable to pay the cost of the repair of any damage which the vehicle may suffer as the result of the wilful action of the hirer or any servant or agent of the hire.

9. The hirer will compensate the Lessor for any loss (whether direct or indirect or consequential) which it may suffer as a result of any act or omission on the part of the hirer or his servant or agent.

10. Where this agreement has been signed by a person on behalf of the hirer, he/she warrants that he/she is authorised to sign for the hirer, and is jointly and severally liable with the hirer under this agreement.

11. Neither the hirer not any or agent of the hirer, not any authorised driver is or may hold himself out to be an agent of the Lessor.

12. The rental period under this agreement shall be from the hire start date shown in the agreement until the hire due to end date.

a. The hirer may for any reason terminate this agreement before the hire due to end date, or

b. The Lessor shall for any reason call for the return of the vehicle before the hire due to end date. In any of which events the hirer shall for with return the vehicle, provided that the hirer shall not be liable for any charges in relation to any period after the vehicle has been returned pursuant to this agreement. The total rental period shall not in any event exceed 90 days.

13. The lessor is not liable for the loss of any damage to any property stored or transported in or on the vehicle when it returns to the Lessor’s possession. The hirer will indemnify the Lessor against any claims relating to any such property

14. The vehicle will not:

a. Without the Lessor’s prior written consent be taken outside the territory compromising Scotland, England, Wales, Northern Ireland and any other British Isle on which the hiring commenced.

b. Without the Lessor’s prior written consent be used to propel or tow any other vehicle or trailer.

c. Be used for any unlawful purpose or for the carriage of passengers for hire or reward or for driving tuition unless the hirer shall have obtained the Lessor’s prior written consent and shall have obtained the Lessor’s prior written consent and shall in addition have provided his own insurance.

d. Be driven in a manner which would render the policy or the other contract of insurance, or in contravention of any Road Traffic Legislation or any other laws, or by any person who is not licensed to drive the vehicle or who is under the influence of alcohol or drugs, nor must it be driven in the event of mechanical, electrical, or structural failure or damage, if further damage might thereby be caused.

e. Be altered or added to in any manner.

f. The vehicle will not be allowed to be used for any music festival, or any other festival for any matter. If it is found to be used in this matter the hire shall end immediately with recovery of the vehicle at the hirer’s expense, along with all other associated costs to the Lessor. (in conjunction with note 16)

15. The hirer is not authorised to affect any repair to the vehicle costing more than £25.00 without the Lessor’s prior consent. Save to the extent that there may be an excess on the Lessor’s insurance which the hirer is obliged to pay, the Lessor will refund the hirer the cost of necessary repairs not exceeding £35.00 (or more if the Lessor’s consent had been obtained) on production of a VAT receipt and any parts replaced.

16. If the hirer commits any breach of this agreement, that the Lessor may treat the agreement as terminated and take possession of the vehicle, and the hirer authorises the Lessor to enter upon his property for such purpose.

17. The hirer shall be liable as owner of the vehicle in respect of;

a. Any fixed penalty offence in respect of that vehicle under part 3 of the Road Traffic Offenders Act 1988 or the Road Traffic Act 1991 as amended replaced or extended by any subsequent legislation or orders, and any such offence committed under the equivalent legislation applicable to Scotland, Northern Ireland, or any British Isle upon which the vehicle is being used.

b. Any parking charges that may be incurred with respect to parking on private property and issued by a Private Parking Company.

18. The hirer is obliged:

a. To pay the Lessor’s current tariff for the rental and fuel, to pay for any accessories, tyres, tools, or equipment lost, stolen or damaged; to pay the Lessor’s costs of recovering the vehicle in the event that the hirer fails to return it to the lessor in accordance with clause 18f to pay any penalties, fines and court costs incurred in the use of the vehicle before it is returned to the lessor and which the lessor is obliged to pay. (save when caused by the fault of the lessor)

b. To safeguard the lessor’s interests in the event of any accident involving the vehicle by obtaining the names and address of all relevant drivers and witnesses, securing the vehicle and where appropriate notifying the Police.

c. To ensure that the correct tyre pressures, engine oil level, battery fluid level, screen wash level, coolant levels, and automatic transmit ion oil levels (where fitted) are maintained throughout the period of hire.

d. To ensure that the vehicle is always locked when unattended and to take all reasonable steps to prevent loss of or damage to the vehicle or the tyres, tools, accessories, equipment, or contents.

e. To inform the lessor immediately if the vehicle suffers any damage or loss, develops any fault or requires any servicing, and permit the lessor to carry out any essential repairs or servicing.

f. To return the vehicle (together with all its accessories, tyres, tools, and equipment during the lessor’s business hours to a representative of the lessor and to the place from which the vehicle was hired unless a different place is specified in the hire agreement at or before the end of the rental period or on the earlier termination of the agreement, in the condition prevailing at the commencement of the rental (fair wear and tear excepted) clean and tidy (traffic grime excepted) Excess cleaning will incur a £100 charge.

g. Upon termination of the hire, the vehicle should be left in a safe and secure position that conforms to parking regulations. Keys should be kept securely but accessible to the staff for collection at the earliest possible opportunity. The vehicle remains the responsibility of the hirer till collection.

h. Late return of the vehicle at the end of the hire shall incur a charge of £100 per hour and payable to the lessor after 30 minutes of late return. If the vehicle is returned free form damage the hourly rate will be deducted from the security deposit. If the vehicle is damaged it will be further charged to the hirer’s credit/debit card.

i. Your vehicle is equipped with a security tag and the vehicle won’t start unless it is within the cab of the vehicle. This tag should not be kept with the vehicle keys on the same key ring, Keys and security tag will be provided on a separate key ring so please keep them apart at all times. Do not leave the security tag in the vehicle at any time unattended, it should be on your person when away from the vehicle. The reason for this is should the keys become unfortunately lost, anyone who finds the keys will not be to start the vehicle without the tag being present. Do not, under any circumstances, leave the vehicle in a vulnerable location or unlocked at any time, always remember total liability is with the renter if you do not adhere strictly to the above. The vehicle is security tracked 24 hours a day for insurance purposes.

19. The lessor is obliged to:

a. To take reasonable steps to provide the hirer with a well maintained vehicle but shall not be liable for any direct or indirect or consequential loss caused by any breach of this, or any other obligation of the lessor hereunder.

b. When informed of a breakdown by the hirer, to see that the necessary repairs are carried out properly.

c. If repairs to the hired vehicle cannot be carried out promptly, to provide a substitute vehicle as quickly as possible.

20. The hirer acknowledges:

a. That this agreement is not assignable by him.

b. That this document (together with the agreed attachment hereto) contains the entire understanding between the parties and that no addition to or alteration of the terms shall be valid unless made in writing and signed by a duly authorised officer of the lessor.

c. That he is not entering into this agreement on the basis of any warranty or representation by the lessor.

d. That failure of the lesser to enforce any terms of this agreement shall not be constructed as a waiver of the agreement.

e. The hirer’s details may be passed to a third party in the event of a road traffic accident, criminal activity in the vehicle or other vehicles under this agreement, parking contravention and other road traffic offences.

21. Telephone calls may be recorded for training.

22. No monies will be refunded in the event of a cancellation once a booking has been made and paid for.

23. An admin fee of £75 will be applied to all motoring offences received including but not limited to parking charges, toll charges, and private parking fines.

24. An admin fee of £100 will be charged for any damage to the vehicle & a £50 per hour management fee will be applied. This is in addition to the cost of the repair up to the excess amount.

25. Customers vehicles left at the lessor’s property are at the customers own risk. The lessor will have no responsibility whatsoever over any vehicles left at the lessor’s property.

26. The hirer’s details will be passed to the relevant local authority or parking management company in relation to any penalty charge notice for the local authority to pursue the hirer for the penalty fine and/or penalty points. If the application to transfer the penalty points to the hirer is rejected, the lessor will pay the fine on the hirer’s behalf and recharge the penalty fine to the hirer. These charges are in addition to the lessor’s admin fee.

27. I hereby agree to have details placed upon an authorisation form for any additional charges that may result from;

a. Extension to rental period and late charges apply as note 18 h.

b. Insurance excess value as per rental agreement

c. Traffic offences, an admin charge of £75 per parking offence plus penalty charge (where necessary) any penalty charges for speeding/road traffic offences (including bus lane offences & and city congestion charge) and any other traffic infringement.

d. Loss of keys or security tag (charged at cost) plus admin fee.

e. All damages are liable to a £100 admin fee & a £50 per hour management charge. Charges are made without prior notification. Bank charges are the hirer’s responsibility.

f. If the vehicle is damaged you must notify the Lesser immediately as per the “What to do in the event of an Accident” form you have been given.

g. If the vehicle has been in an accident, and if it is driveable safely, it must be returned to base immediately, unfortunately your holiday is over and we will not be liable to replace the vehicle like for like. You CANNOT continue your journey. If severely damaged we will recover the vehicle at your cost along with all associated management fees at £50 per hour.

h. IF WE ALLOW you to continue your journey a further security deposit of £1500 will be charged, otherwise you will be required to return to base.

i. If you refuse to return to base we will notify the Police as the vehicle as being taken without permission. The vehicle will be recovered at your cost along with all chargeable fees. We will not recover you, or your belongings at this point, you will be required to make your own way home.