In these terms and conditions (a) “the Company” means we the company whose details appear on the front of this form (b) “the hirer” means you the person, firm or organization by or on behalf of whom vehicles are rented under these terms and conditions (c) “authorized driver” means the driver(s) additional to the hirer approved and entered by the company.

1. Your Contract with usWhen you sign the form over the page you accept the conditions of the rental agreement listed in this document.

   PLEASE READ THIS AGREEMENT CAREFULLY. IF THERE IS ANYTHING YOU DO NOT AGREE WITH, PLEASE ASK ANY MEMBER OF STAFF AT THE RENTAL LOCATION FROM WHICH THE VEHICLE IS RENTED.

2. Rental Period
   1. You will have the vehicle for the rental period shown in the agreement. We may agree in writing to extend this rental period but an individual rental period may never exceed 30 days.
   2. If you do not bring the vehicle back on time you are breaking the conditions of this agreement. We can charge you for every day, part day, hour or part of hour you have the vehicle after you should have returned it to us. We will charge you the daily rate quoted at the rental location until we get the vehicle back.
   3. The vehicle rented to you will be the vehicle described on the front of this form, however there may be occasions where we have to exchange the vehicle for another of a similar specification. In those circumstances you will be informed of the change in writing.
3. Your responsibilities
   1. You must look after the vehicle and keys to the vehicle. You must always lock the vehicle when you are not using it and use any security device fitted in or supplied with the vehicle. You must always protect the vehicle against bad weather which can cause damage. You must make sure that you use the correct fuel, ensure that water and oil levels are correctly maintained and that the tyres are of both legal condition and pressure.
   2. You are responsible for any damage to the roof or upper part of the vehicle caused by hitting low level objects, such as bridges or low branches or any damage to the underside of the vehicle.
   3. You must not sell, rent, loan or dispose of the vehicle or any of its parts. You must not give anyone any legal rights over the vehicle.
   4. You must ensure that the vehicle is not subject to overloading in respect of numbers of persons or weight of goods carried within the vehicle during the rental period
   5. If the vehicle is used outside the UK you must ensure that the vehicle is checked for any illegal immigrants before re entering the UK
   6. You must not let anyone work on the vehicle without our permission. If we do not give you permission, we may give you a refund if you produce a receipt for the work.
   7. You must let us know as soon as you become aware of a defect to the vehicle or if the vehicle has sustained any damage whatsoever and howsoever caused.
   8. You must bring the vehicle back to the place where we agreed during the opening hours displayed at the rental location. One of our staff must see the vehicle to check that it is in good condition. Where you return the vehicle outside of business hours, you will remain responsible for the vehicle and its condition until it is inspected by a member of staff.
   9. You will have to pay for repairs if:
      • the vehicle needs more than our standard valeting (cleaning): or
      • you have damaged the inside of the vehicle: or
      • you have damaged and/or lost any part of the vehicle
   10. You must check before you bring back the vehicle that you have not left any personal belongings in the vehicle.
   11. Upon collecting and returning the vehicle you should inspect the vehicle and agree its condition with the company.
4. Our responsibilities
   1. We have maintained the vehicle to at least the manufacturer´s recommended standard. We undertake that the vehicle is roadworthy and suitable for renting at the start of the rental period. In addition to the above, if you are not renting the vehicle for business purposes, we are responsible if we break the conditions of the rental agreement in the following ways: the vehicle does not correspond to our description of it (save in circumstances where we have to exchange the vehicle for one of a comparable description); the vehicle is not of the quality that you would be entitled to expect from a rental vehicle; the vehicle is not fit to drive, we do not have the right legally to rent out the vehicle.
   2. We are responsible if someone is injured or dies as a result of our negligence. We are not responsible for any indirect or unforeseeable loss or damage (indirect losses are the losses which happen as a side effect of the main loss or damage). Foreseeable losses are the losses arising directly from, for example, the vehicle breaking down (such as the cost of repairing the vehicle or arranging other transport). You or we may not foresee other losses and so, if you want to be able to claim for such losses, we recommend that you arrange insurance.
5. PropertyWe are only responsible for property in the vehicle if the loss or damage is a result of our negligence.
6. Conditions for using the vehicle.
   1. The vehicle must only be driven by the person named overleaf, or by anyone we authorise in writing. Anyone driving the vehicle must have a full, valid driving licence and not be prohibited by law from holding or obtaining such licence.
   2. You or any authorised driver must not do any of the following:
      • Carry passengers for hire or reward
      • Use the vehicle for any illegal purpose
      • Use the vehicle for racing, pacemaking, testing the vehicle´s reliability and speed or teaching someone to drive
      • Use the vehicle under the influence of alcohol or drugs
      • Carry a number of passengers and/or baggage which would cause the vehicle to be overloaded or in the case of a commercial vehicle, a payload which exceeds the maximum payload and individual axle plated weights or for a purpose which requires an Operator´s Licence where you do not have one.
      • Drive the vehicle outside Mainland UK, unless we have given you permission in writing and appropriate charges paid.
7. ChargesWe work out our charges using our current price list as shown overleaf. You agree to pay on demand the following charges:
   1. The rental and any other charges we work out according to this agreement.
   2. Any charge for loss or damage referred to above in paragraphs 3 (a), 3(b), 3(d), 3(f) and 3(g). The company reserves the right to have the vehicle repaired at a garage of its own choice.
   3. A refueling service charge if you have used and not replaced more fuel than we supplied originally. The charge is based on the rates published at the rental location.
   4. On demand, all fines and court costs for parking, traffic or other offences (including any costs which arise if the vehicle is clamped). You must pay the appropriate authority any fines and costs. In addition you will also be charged an administration charge of £25 by Smiths Van Hire as per paragraph 8.
   5. On demand, the full cost of repairing or replacing the vehicle if it is damaged or stolen (even if it is not your fault). You may not have to pay the cost of repairing or replacing the vehicle if you have opted to take out our insurance (full terms and conditions of which are available at the company offices) or you have arranged your own insurance. Any damage caused to the vehicle as described in paragraph 3(b) is EXCLUDED from our insurance policy and will be charged in full.
   6. On demand, a loss of income charge. We will charge you this if we cannot rent out the vehicle because it needs to be repaired or it is a write-off (can´t be repaired). We will charge you at the daily rate. We will always do everything we can to make sure the vehicle is repaired or we get payment as soon as possible.
   7. On demand, any charges made by Customs and Excise or any other lawful authority as a result of seizure of the vehicle by them, together with a loss of income charge whilst the vehicle is unavailable for rental.
   8. Any published rates for delivery and collection of the vehicle.
   9. Interest which we will add every day to any amount you do not pay us on time, at the rate of 8% a year above the base lending rate of the Bank of England.
   10. Value Added Tax and all other taxes on any of the charges listed above, as appropriate.
   11. A minimum deposit against all charges due, payable at the time rental is effected, to be agreed at the time of rental.
   12. Any excess mileage over and above that agreed with you at the commencement of the rental and inserted on the front of the agreement overleaf. Excess mileage will be charged at the rates published at the rental location.

   You are responsible for all charges, even if you have asked someone else to be responsible for them. You can get details of our insurance from the location you rented the vehicle from.

8. The hirer acknowledges that the company is entitled to charge any credit, charge or debit card given by you to the company at the time the rental is effected for any charges due to the company pursuant to this agreement. Your credit, debit or charge card details will be retained and the company will be entitled during or within 2 months following the rental period, to debit such cards in respect of all sums as are owed to it under this agreement and without limitation
9. Our InsuranceUnless you arrange your own insurance the conditions of our Insurance (including any waivers of liability) will apply, as indicated by your acceptance of them by initialing the appropriate box over the page.
   1. We have a legal responsibility to have insurance to meet the RTA requirements. This provides cover for claims made if you injure or kill any 3rd party whilst driving our vehicle, or damage their property (subject to a minimum cover of £250,000).
   2. We will provide cover for loss or damage to the vehicle if you have indicated your acceptance by initialing the appropriate box over the page. If you accept this you will have to pay an excess amount every time you damage the vehicle. (The excess amount is shown over the page).
   3. We will provide cover for theft and damage to the vehicle caused during an attempted theft if you indicated your acceptance by initialing the appropriate box over the page. If you accept this, you still have to pay an excess amount if the vehicle is stolen. (The excess amount you have to pay is shown over the page).

   You can get details of our minimum legally required Insurance and our own insurance (including the main exclusions) from the location where you rented the vehicle.

   The insurer may not accept liability for loss or damage caused while a vehicle is being rented to a hirer if the hirer does not comply with the terms and conditions of our insurance

10. Your Own Insurance
    1. You may arrange your own insurance with our agreement by filling in the appropriate box over the page for the full duration of the rental as long as you can prove that this insurance is valid and have signed confirmation overleaf. We have to approve the amount of cover you arrange, the type of policy and the insurer you have chosen. We must be satisfied with the cover and policy conditions and you must not change them subsequently without our consent.
    2. We may ask your insurers to record our name as owners of the vehicle. If the vehicle is damaged or stolen you will let us negotiate with the insurers about whether the vehicle can be replaced or what compensation is due to us. You are financially responsible to settle any costs if the policy you have arranged fails and the vehicle is damaged, lost, stolen or claims made by any other innocent party.
11. What to do if you have an accident.If you have an accident you must not admit responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also make the vehicle secure, tell the Police straight away if anyone is injured or there is a disagreement over who is responsible and call our nearest office straight away. You must then fill in our accident report form and send it to the rental company´s address overleaf.
12. InformationYou agree that we may use any information you have given us to carry out our own market research. If you break the agreement we can give the information to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisation. We can also give this information to the British Vehicle Rental and Leasing Association (BVRLA), who can pass it on to any of its members for any purpose stated in the Data Protection Act 1984.
13. Ending the Agreement
    1. If you are a consumer we will end this agreement straight away if we find out that your goods have been taken away from you to pay off your debts, or a receiving order is made against you. We will also end this agreement if you do not meet any of the conditions of this agreement.
    2. If you are a company, we will end this agreement straight away 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 the agreement.
    3. If we end the agreement it will not affect our right to receive any money we are owed under the conditions of the agreement. We can also claim extra costs from you if you do not meet any of the conditions of this agreement. We can repossess the vehicle and charge you if we do this.
14. Governing LawThis agreement is governed by the laws of the country in which it is signed. Any dispute may be submitted to the non-exclusive jurisdiction of the courts of that country. In certain cases the renting company reserves the right to appoint an Arbitrator