Terms & conditions

Terms & conditions

1. Your contract with us

These are the terms under which the vehicle is rented by the hirer (�you�) and the lessor (�us�) and on which any insurance cover is provided for you by us. When you sign the form on page 1 of the rental agreement documentation, you accept the conditions set out in this rental agreement. Please read this agreement carefully, if there is anything you do not understand, ask a member of staff to explain it. At time of collection, the Hirer is required to provide a valid Driving Licence including DVLA verification code. All endorsements/convictions within the last five years must be declared.

2. Rental period

You will have the vehicle for the period shown in the agreement with all charges being payable in advance. We may agree to extend this rental period but the total rental will not be for more than 30 days and any additional charges also payable in advance. If you do not bring back the vehicle on time, you will be breaking the conditions of this agreement. We can charge you for every day or part of the day you have the vehicle after you should have returned it to us. We will charge you our daily rate until the vehicle is returned, should you break our agreement we can ask you to bring back the vehicle before the date and time we have agreed with you. To do this we will give you written notice in person or send it to the address you have given on page 1. Once we have given you the notice in person, you will no longer have our permission to have the vehicle. If we send you a notice in the post, one day after we have posted it you will no longer have our permission to have the vehicle. We may then take back our vehicle. If we believe you have given us false information, we may take back the vehicle without giving you any notice.

3. Your responsibilities

a) You must inspect the vehicle and any accessories we provide before you take the vehicle. If you are unsatisfied with the vehicle or you do not think the condition of the vehicle meets our pre-rental inspection report, you should let us know.

b) You must look after the vehicle, any keys to the vehicle and any accessories or other locking device for the vehicle. You must always lock the vehicle when you are not using it, and use any security device which is fitted or which we supply. You must always protect the vehicle against weather conditions which could cause damage. You must ensure that you use the correct type of fuel and fluids in the vehicle and all costs relating to incorrect fuel will be fully recoverable from you.

c) Depending on section 8 of this agreement (‘Our motor insurance and damage protection programme’), you are responsible for any damage to the vehicle, including damage caused by hitting low-level objects such as bridges or low hanging tree branches. You will have to pay our reasonable costs for bringing the vehicle back to the condition stated in the pre-rental inspection report. This could include the cost of any damage inside and outside the vehicle, cleaning costs if the vehicle is very dirty, and replacing any items or accessories.

d) You must not sell, rent or get rid of the vehicle or any of its parts. You must not give or try to give anyone the legal rights to the vehicle or transfer legal ownership.

e) You must not let anyone work on the vehicle without our permission. If we do give you permission, we will only give you a refund if you have a receipt for the work we have given you permission for.

f) You must let us know as soon as you become aware of a fault with the vehicle, or if the vehicle is stolen or involved in an accident.

g) If we have agreed to drop off the vehicle at an address you give us, you will be responsible for the vehicle from the time we drop it off.

h) Unless we have agreed to collect the vehicle from you, you must return the vehicle in similar condition as when received to the location agreed. You must return it during the opening hours or at a time we tell you. When you return the vehicle, our staff must check its condition. If we have agreed to allow you to return the vehicle outside of our opening hours, you will stay responsible for the vehicle and its condition until our staff have checked it. We may need to clean the vehicle before our staff can check its condition.

i) You must not carry any object or substance which, because of its condition or smell, may harm the vehicle or delay us renting or selling it.

4. Our responsibilities

a) We will identify and tell you about any existing damage to the vehicle before you sign this agreement.

b) We have maintained the vehicle to at least the manufacturer’s recommended standard. The vehicle is roadworthy and suitable for you to use at the start of the rental period.

c) We are responsible if someone is injured or dies as a result of our action or failure to act. We are also responsible for any loss you suffer as a result of us breaking this agreement, if we could have predicted your loss at the time this agreement started and it is a result of us breaking this agreement. We are not responsible for any loss which is a side effect of the main loss and which we or you could not have predicted, such as loss of profits or loss of opportunity (for example not being able to go to a business meeting).

5. Property

We are only responsible for loss or damage to property in the vehicle if the loss or damage is a result of our neglect or if we have broken the conditions of our agreement. You are responsible for removing your personal belongings from the vehicle at the end of the rental period, as we are not responsible for any items you leave in the vehicle. If you do leave items in the vehicle, we may agree to keep them for you to collect within a reasonable time. Any unclaimed property may be disposed of by us. We may charge you reasonable costs for storing the items.

6. Conditions for using the vehicle

a) Only you and any driver named on page 1 [of the rental agreement] and anyone we have given written permission to, can drive the vehicle. Anyone driving the vehicle must have a full driving licence which is valid in the European Economic Area for the type of vehicle you are renting.

b) You must not rent the vehicle to anyone else. You must also not use the vehicle or let someone else use it:

b1) for any illegal purposes or in a way which would cause nuisance;

b2) to carry passengers for a fee (except for minibuses which you have a valid operator’s licence for);

b3) for driving lessons;

b4) to tow or push any vehicle, trailer or other object, without our written permission;

b5) for racing, pacemaking, or to test the vehicle’s reliability or speed;

b6) off roads or on roads unsuitable for the vehicle;

b7) if the driver has been drinking alcohol or taking drugs;

b8) outside the United Kingdom, unless we have given you written permission and a Vehicle on Hire Certificate;

b9 )if it is loaded beyond the manufacturer’s maximum weight recommendations;

b10) to carry unsecured loads;

b11) to carry more passengers than the vehicle was manufactured to legally carry; or

b12) if the driver does not have a valid operator’s licence (if it is a goods vehicle or a minibus).

b13) for carrying corrosive, radioactive, inflammable, explosive or other harmful substances,

b14) for carrying any substance or materials that causes damage to the loading area.

7. Charges

We work out our charges using our current price list, which includes VAT (see page 1 of the rental agreement]). You will be responsible for paying the following charges.

a) The rental and any other charges we work out according to this agreement.

b) Any charge for loss or damage resulting from you not keeping to your responsibilities, as set out in section 3 (above).

c) A refuelling service charge if you did not return the vehicle to us with the agreed amount of fuel, this charge will be based on the local pump prices prevailing. No refunds will be given for incorrectly overfilling of fuel.

d) All road tolls, congestion charges, parking or speeding penalties or any other road traffic offences and consequential charges incurred by the hirer during the course of the agreement. All charges and legal costs for any congestion charge, road toll, road traffic offence or parking offence, or any other offence involving the rental vehicle, including costs from the vehicle being clamped, seized or towed away. You are responsible for paying the appropriate authority or company for any charges and costs if and when they ask for these payments. You will also be responsible for paying our reasonable administration charges for dealing with these matters.

e) The reasonable cost of repairing any damage to the vehicle which was not noted at the start of the agreement, whether you were at fault or not (depending on section 4). You will also be responsible for paying the reasonable cost of replacing the vehicle if it is stolen or written off, depending on any insurance you have (as set out in section 8), if and when we demand this payment.

f) A loss-of-income charge, when we demand it, if we cannot rent out the vehicle because it needs to be repaired, if it is a write-off (it cannot be repaired), or if it has been stolen and we are waiting to receive a full payment of the vehicle’s value.

g) We will only charge you for loss of income if we cannot get back our losses under the damage protection programme, as explained in section 8. We will charge you at the published daily or hourly rate.. We will always do everything we can to make sure we repair the vehicle or get back our costs as soon as possible.

h) Any recovery charges arising from the Vehicle and Operator Services Agency (VOSA), HM Revenue & Customs (HMRC), the police, or any other public organisation (or their agent) who has seized the vehicle. You will also have to pay us a loss-of-income charge while we cannot rent out the vehicle.

i) Any published rates for delivering and collecting the vehicle a charge for an extra driver or returning the vehicle late, and charges for accessories such as satellite navigation systems and other similar items.

j) Interest will be added every day to any amount you do not pay on time, at the rate of 4% a year above the base lending rate as published by National Westminster Bank. We will publish this rate from time to time.

k) We will work out all charges in line with this agreement, and they will include VAT (if this applies). You are responsible for all charges, even if you have asked someone else to be responsible for them.

8. Our motor insurance and damage protection programme

You can get full details of our damage protection programme from our office at which you rented the vehicle. If we arrange separate motor insurance, we will give you information on the motor insurance cover and any restrictions which may apply. Otherwise, the conditions of our motor insurance and damage protection programme will apply. By signing in the appropriate box on page 1 [of the rental agreement], you are accepting the conditions of our motor insurance and damage protection programme, CDW.

a) We have a legal responsibility to have third-party motor insurance. This provides cover for claims if you injure or kill anybody, or damage their property. Cover for damage to property is limited to �1 million

b) We will provide cover for loss, theft or damage to the vehicle as indicated by CDW in the ‘Charges Schedule’ on page 1 [of the rental agreement]. Even if you accept this, you still have to pay an amount up to the ‘responsibility amount’ or ‘excess’ every time you damage the vehicle. The responsibility amount you have to pay in each case is shown on page1 [of the rental agreement].

c) Collision Damage Waiver: this reduces your liability for damage arising from a collision, except in any circumstances stated in the insurance policy.

The Rental Agreement shows which waiver options you have chosen. You are advised that these 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 use.

You are further advised that no waiver chosen by you gives protection against any damage caused to tyres, windscreens or by reason of you hitting a bridge, car park barrier or any other overhead object. You will be liable to pay us for all loss, costs and expense caused by such damage

d) You should also note that the insurance cover may end if you do not return the vehicle to the agreed place at the agreed time,

e) The insurance cover may be cancelled if you have given any false information, only drivers we have first approved are covered by the insurance. Full details of cover are available at the rental location.

9. Your own insurance

If we fill in the appropriate box on page 1 [of the rental agreement], you may arrange your own motor insurance to cover your legal responsibility for any loss, or if the vehicle is stolen or damaged, for the full period you are renting the vehicle for. You must prove that this motor insurance is valid and sign the confirmation on page 1 [of the rental agreement]. We have the right to agree: the amount of cover you arrange; l the type of policy you choose; and l the insurer you choose. We must be satisfied with the insurance cover and policy conditions, and you must not change them. We may ask your insurers to record our name as owner of the vehicle. If the vehicle is damaged or stolen we will negotiate any settlement for loss or damage with your insurers, and we will receive any money they pay out. This includes allowing us to take legal action in your name and defending any proceedings taken against you. You are responsible for paying the full claim and paying all costs if the policy you have arranged fails and the vehicle or trailer is damaged, lost or stolen, or someone else makes a claim.

10. What to do if you have an accident or the vehicle is stolen

If you are involved in an accident, you must not admit that you are responsible. You should describe the situation as fully as possible when you are asked to do so by the police and us. You should get the names and addresses of everyone involved, including witnesses.

You should also:

  • make sure the vehicle is secure;
  • tell the police straight away if anyone is injured or if there is a disagreement over who is responsible; and
  • contact us straight away.

You must then fill in our accident report form and send it to our address, shown on page 1 [of the rental agreement]. If the vehicle has been stolen, you must tell us as soon as possible and confirm this in writing as soon as reasonably possible. You or any authorised drivers will also need to:

  • get the names and addresses of any witnesses and give them to us;
  • send us any notices or other documents relating to any legal proceedings arising out of the theft or loss;
  • help us and our insurers in any legal proceedings, including allowing us to take legal action in your name and defending any legal action taken against you;

and give us back all keys and report the theft or loss to the police as soon as reasonably possible.

11. Car trailer hire

At time of collection, the Hirer is required to provide a valid Driving License (both parts) together with a valid certificate of motor insurance for the towing vehicle when the hirers own vehicle is being utilised. Photo copies will be taken.

The Hirer accepts full liability for the value of the trailer whilst on hire, insurance is neither offered nor implied by the lessor in the rental amount paid. It is the Hirer’s responsibility to ensure the tow vehicle insurance covers risks of theft, loss, or damage to the trailer or to take out additional insurance as required. Any insurance should include cover in the event of a third party claim. Where a Ton Hire vehicle is used as the tow vehicle only third party claims are covered with regard to the trailer.

A deposit will be processed on the Hirer’s debit or credit card at point of hire.�The Owner will charge to this deposit any costs for minor damage / loss or late return of the trailer.

The Hirer agrees to drive the towing vehicle in a careful and skilful manner, in accordance with all legal requirements, tow vehicle limitations and with full consideration to towing the trailer with a securely restrained load.

The Hirer agrees to ensure the trailer is always left locked onto the towing vehicle or by using the provided security wheel-lock. The Hirer shall keep the trailer at all times in his/her possession and custody.

The trailer must not leave the UK mainland without the written authority of the lessor.
The Hirer agrees to pay the lessor repair/ replacement costs up to the full value of the trailer within 14 days from the date of return. For each day after this the lessor has the right to charge the Hirer a full days hire charge for each day until the value of the trailer is paid in full. Costs for repair of minor damage, such as panel damage, floor scratches that reveal the plywood beneath the resin coating, damage to tyres, broken lights etc, will be deducted from the deposit.
Accidents and thefts must be reported by the Hirer to the police and to the lessor within 8 working hours of any incident. The Hirer will return in person to Ton Hire to report the incident with a crime reference number for thefts or an accident report number for an accident.

During the hire period the Hirer will be liable for any injuries caused to the Hirer, their agents or any third parties. The Hirer shall completely indemnify the lessor in respect of all claims by any person for injury to persons or property caused by or in connection with, or arising out of the use of the trailer.

The lessor cannot be held liable for any consequential losses arising out of the use of the trailer during the hire period.

It is the Hirer’s responsibility to ensure loads are securely restrained, the trailer is correctly attached to the tow vehicle, and that the trailer is in a roadworthy and safe condition prior to each journey. The Hirer agrees to return the trailer to the lessor in the same condition as when hired, not later than the return date and time as stated on the hire agreement.

Hire trailers can be collected / returned only during our standard opening hours – Monday to Sunday.�Unless alternative collection and return times have been agreed with the lessor in advance, the lessor will make an additional charge of 1 full day hire fee for each day or part of past the agreed time of return.

12. Data protection

By entering into this rental agreement you agree that we can process and store your personal information in connection with this agreement. We will use your information to analyse statistics, for market research, credit control and to protect our assets. You acknowledge that we may use and disclose data recorded in relation to this agreement for any future marketing activity. You agree that if you break the terms of this agreement we can pass your personal information to credit-reference agencies, debt collectors, the police or any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), which can share your personal information with its members to prevent crime and protect its assets, as allowed under the Data Protection Act 1998.

13. Ending this agreement

a) We will end this agreement if we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We may end this agreement if you do not meet its main conditions.

b) If you are a company, we will end this agreement if:

  • you go into liquidation;
  • you call a meeting of creditors;
  • we find out that your goods have been taken away from you until you pay off your debts; or
  • you do not meet any of the conditions of this agreement.

c) If we end this agreement it will not affect our right to receive any amount you owe us under the conditions of this agreement. We can also claim reasonable costs from you if you do not meet the main conditions of this agreement. We can repossess the vehicle and charge you a reasonable amount for doing so.

14 Complaints Procedure

 We aim to deal with all disagreements fairly and calmly, should it be required complaints can be made by letter, email or telephone at:

Ton Tyre Auto Ltd t/a Ton Hire, 9 Eldon Way, Paddock Wood, Kent. TN12 6BE

info@tonhire.co.uk

01892 836155

We will acknowledge receipt of the complaint by customers preferred method within three working days.

We aim to resolve all complaints as quickly as possible. If it is not possible to reach a prompt conclusion we will contact the customer with an explanation and set out expected timescales by which matters should be resolved.

We aim to resolve all customer complaints internally. If, however, the customer is not satisfied with the final outcome of our complaints procedure they are able to contact The Financial Ombudsman, details can be found at:

http:www.financial-ombudsman.org.uk/contact/index.html

Non-financial complaints can be directed to Trading Standards.

The customer may also contact the BVRLA Conciliation Service as an approved Alternative Dispute Resolution service. Details can be found at www.bvrla.co.uk or by contacting complaint@bvrla.co.uk