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Rental AgreementAGREEMENT TO HIRE RENTAL VEHICLE
An agreement made between the owner and the hirer whose particulars are entered in this agreement. It is hereby agreed the following: 1. The owner will let and the hirer will take on the motor vehicle described in this agreement. DURATION OF HIRE 2. The term of hire shall be for the period described in this agreement. PERSONS WHO MAY DRIVE VEHICLE 3. The vehicle may be driven during the period of hire only by the persons described in this agreement and only of each person holds a current driver's licence (particulars of which are given alongside his name and address) appropriate for the vehicle at the time when they are driving the vehicle. PAYMENTS BY HIRER 4. The hirer shall pay to the owner as payment for the hire of the vehicle for the period of hire referred to in clause 2 of this agreement the sum as specified in this agreement. 5. In addition to the payment referred to in clause 4 of this agreement, the hirer shall pay to the owner the sum specified in this agreement for the insurance cover set out in clause 10 of this agreement. 6. In addition to the payment in clause 4 of this agreement the hirer shall pay to the owner on termination on the hiring a distance charge at the rate referred to in this agreement. 7. The hirer shall pay for all petrol of other fuel (but not oil) used in the vehicle during the period of hire. HIRER'S OBLIGATIONS 8. The hirer shall ensure that: (a) The water in the radiator and battery of the vehicle is maintained at the proper level; (b) The oil in the vehicle is maintained at the proper level; (c) The tires are maintained at their proper pressure. 9. The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use. INSURANCE 10. Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle is fully indemnified in respect of any liability he might have to the owner in respect to the loss of or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with the recovery of the vehicle and it's accessories and spare parts. Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle are indemnified to the extent of $2m in respect of any liability he might have for damage to any property (including injury to any animal) belonging to any other person and arising out or the use of the vehicle. Insurance excess over 21 year's but under 25years of age $2500.00. Over 25 year's $1500.00. All sports cars, luxury cars, executive cars, limousine and seven seaters $2500.00. EXCLUSIONS The indemnities referred to above shall not apply where the damage, injury of loss arises when: (a) The driver of the vehicle is under the influence of alcohol or any drug that affects his ability to drive the vehicle; (b) The vehicle is in an unsafe of unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage of loss, and the hirer of driver was aware of or ought to have been aware of the unsafe of unroadworthy condition of the vehicle; (c) The vehicle is operated in any race, speed test, rally or contest; (d) The hirer is not a body corporate of department of State and the vehicle so driven by any person not named in clause 3 of the agreement; (e) The vehicle is driven by any person who at the time when he drives the vehicle is disqualified from holding or has never held a driver's license appropriate for that vehicle; (f) The vehicle is willfully or recklessly damaged by the hirer or any other person named in clause 3 of the agreement or driving the vehicle under the authority of the hirer, or is lost as a result of willful or reckless behavior of the hirer or any such person; (g) The vehicle is operated on any of the following roads: SKIPPERS CANYON, HIRA FOREST, GOLDEN DOWNS FOREST, MT HUTT, RAINBOW SKIFIELD, MT ARTHUR FORESTRY ROADS. (h) The vehicle is operated outside the terms of the hire or any agreed extension of that term It is agreed between the owner and the hirer that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance. The hirer acknowledges that he is aware of the above exclusions HIRER'S LIABILITY 11. The hirer acknowledges that he shall be liable in respect of the first $1500.00 / $2000.00 of damage of loss referred to in the insurance cover specified in this clause. This does not apply to damage of loss resulting from fire or from the theft of conversion or attempted theft or conversion of the vehicle. The hirer is liable for glass repairs i.e. to windscreen, windows and headlights etc. The hirer is liable for all parking fines and speed camera infringements. OWNERS OBLIGATIONS 12. The owner shall supply the vehicle in a safe and road worthy condition. 13. The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the terms of the hire except to the extent that by the terms of this agreement those costs are payable by the hirer. NOTE: By virtue of clause 7 of this agreement, the cost of petrol and other fuel, but not oil, used during the term of the hire is the responsibility of the hirer. MECHANICAL REPAIRS AND ACCIDENTS 14. If the vehicle is damaged or requires repair or salvage because of an accident of breakdown, the hirer shall advise the owner of the full circumstances by telephone or telegram as soon as practicable. 15. The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property. 16. The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle USE OF THE VEHICLE 17. The hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with the knowledge of the owner for use in a passenger service licensed under Part VII of the transport act 1962 or exempted from licensing under that Act. 18. The hirer shall not: (a) Sublet or hire the vehicle to any other person; (b) Permit the vehicle to be operated outside his authority; (c) Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver against section 58 of the Transport Act 1962 (which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drug); (d) Operate the vehicle or permit it to be operated in any race, speed test, rally or contest; (e) Operate the vehicle, or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulations 1976 or any other Act, regulation of bylaws to road traffic; (f) Operate the vehicle, or permit it to be driven by any person who at the time of his driving the vehicle, the hirer or other person is not the holder of a current driver's license appropriate for the vehicle. RETURN OF THE VEHICLE 19. The hirer shall, at or before the expiry of term of hire, deliver the vehicle to the owner's place of business or the owner's agent at the agent's place of business, or obtain the owner's consent to the continuation of hire. IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE 20. The owner shall have the right to terminate the hiring and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of this agreement, or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under this agreement of otherwise 21. The hirer gives authority to the owner to debit their credit card in accordance with this agreement herein in the event of the client not paying for the hire of the vehicle of as per this agreement damage to the vehicle while it has been in the hirer's possession. |