Terms & Conditions for FlexiRental (T/A as Lakeland Fleet Management LTD)

Terms of hire

In this agreement the following terms shall have the meanings hereby respectively assigned to them.

Hirer: The person named overleaf.
Lessor: Lakeland Fleet Management Ltd t/a Flexirental.co.uk
Rental/Hire period: The period from the date and time out as stated overleaf until the return of the Vehicle to the Lessor on a fixed term contract.

(1) The Hirer shall be bound by the following terms and conditions, which incorporate the details shown overleaf. Where the person signing this agreement on behalf of the hirer is not the hirer, he or she represents and warrants to the owner that he or she is duly authorised to sign and to enter into this agreement for and on behalf of the hirer and obligations on that part of the hirer hereunder shall be deemed to be made by such person jointly and severally with the hirer.

In no event shall the Vehicle be used, operated or driven:

for the carriage of persons for hire or reward whether express or implied, (unless such approval has been agreed and accepted);
by a person who is less than 21 years of age(minibus drivers must be 25 and have appropriate license to drive as with 7.5 Tonne vehicles) or more than 70 years of age (unless such approval has been given and agreed in writing) or who has given the Lessor any false or fictitious particulars;
knowingly for any unlawful purpose;
to propel or tow any vehicle or trailer; for racing, pacemaking, reliability trials, speed testing or driving tuition;
by any person except the Hirer;
to carry a greater number of passengers and or more baggage than is recommended by the manufacturer;
after the expiry of the period of hire as stated overleaf;
outside the United Kingdom; (unless such approval has been agreed and accepted)
The vehicle must not be driven in a manner which would render void any insurance and/or other contract of insurance, or in contravention of any road or traffic act or contravention of use regulations, nor must it be driven in the event of mechanical, electrical or structural failure which might cause further damage.

(2) The Hirer will return the Vehicle to the Lessor’s address shown overleaf on the date shown overleaf or earlier as demanded by the Lessor together with all tyres, tools accessories and equipment in the same condition as when received (ordinary wear and tear excepted).

(3) The Hirer shall not use the Vehicle if any damage or fault shall arise so as to make the Vehicle unroadworthy or liable to cause danger to any person or property until such damage or fault has been repaired or corrected. In the event of any such fault arising which can be repaired at a total cost of less than £50 the Hirer shall either return the Vehicle to the Lessor or authorise the carrying out of such repair by a reputable (Dealer) and properly qualified motor repairer. Authorisation for expenditure in excess of £50 must be obtained from the Lessor prior to commencement of the repair. The Hirer shall not without the Lessor’s consent permit or authorise repairs to the Vehicle at a total cost exceeding £50 or suffer any lien to be placed upon the Vehicle and shall pay for any and all charges in connection with any such unauthorized repairs. The Hirer shall inform the Lessor as soon as reasonably possible of any fault to the vehicle requiring repair or of the carrying out of any repair to the Vehicle as aforesaid. The Hirer is also responsible for daily safety checks of the Vehicle, in any particular water, oil level and tyres, while the Hirer is in custody of the Vehicle. Any damaged resulting from to adhere to the above will be charged back the Hirer.

(4) Neither that Hirer or any other driver of the Vehicle shall be or be deemed to be the agent, servant or employee of the Lessor for any reason or any purpose.

(5) The Vehicle will at all times remain the property of the Lessor and at no time will title to the Vehicle pass to the Hirer.

(6) The Hirer shall provide fully comprehensive insurance and accidental damage cover for the hire Vehicle for benefit of the allocated driver as chosen by the Hirer. The Hirer must ensure each driver holds a full UK driving License and is driving the vehicle with the Hirer’s prior consent as named overleaf. If the vehicle is stolen then the hirer is liable to pay the full market value of the vehicle at the time of the reported theft and will incur daily hire charges until full payment is received. If the vehicle is to be involved in an accident and it is the fault or none fault of the hirer, then he/she agrees to pay the total damages and any loss of hire (earnings) for the hire vehicle in full. If the vehicle is a total loss the hirer then will pay the market value for the vehicle. If the vehicle is damaged by the hirer by the way of accidental damage or vandal damage or any other form of damage (storm damage/weather related) then the hirer is responsible for this and will have to pay the full damage costs and any loss of hire that my occur from this damage, if the damage is more than the hirer’s insurance excess then the hirer will pay the excess and claim all other damage costs, personal injury costs and any other third party costs through the hirer’s own fully comprehensive insurance policy. The Hirer agrees to comply with and be bound by all the terms, conditions, limitations and restrictions of such a policy as if here set forth including any same not specifically intentioned herein. Such a policy, a copy of which may be inspected at the office of the Lessor shall (subject to requirements of the Road Traffic Acts) not apply;

to any obligation for which the Hirer or any driver of the Vehicle or the employer of either or any insurance carrier may be held liable under any workman’s compensation or disability benefit or similar law;
to any obligation assumed by the Hirer or any driver under any express or of implied contract apart from the Rental Agreement;
to any liability of the Hirer or any driver or any employer of either arising while the vehicle is being used in violation of any of the limitations set forth in Paragraph 1 above; or
To medical payments required by persons sustaining injuries while riding or alighting from or getting into or on the vehicle.

(7) The Hirer shall be liable as owner of the Vehicle mentioned overleaf in respect of:

any of the following offences which may be committed in relation to that Vehicle when it is stationery and when a fixed penalty notice is issued; being on a road during the hours of darkness without the lights or reflections required by law; or being left or parked, or being loaded or unloaded and the non-payment of charge made at a street parking place and/or Pay & Display;
any fixed penalty offence committed in respect of that Vehicle under any legislation or orders and any such offence committed under the equivalent legislation applicable to Scotland, Northern Ireland or other parts of the British Isles upon which the Vehicle is being used;
any excess charge which may be incurred in respect of that vehicle under any legislation and under the equivalent legislation applicable to Scotland, Northern Ireland or other parts of the British Isles upon which the Vehicle is being used;
any financial penalty or change which may be demanded by a third party as a result of the Vehicle having been parked or left upon land which is not a public road.
The hire agreement definitions are as follows: Rental meaning the hiring of the vehicle under the rental agreement number assigned to that vehicle only.
Collision Dam. Wav. meaning the daily rate for Collision Damage Waiver if required by the hirer during the full duration of hire, this rate is dependent on the size of vehicle and amount of reduction to the original Excess.
Admin Charge, Breakdown, meaning the daily rate for breakdown cover for the vehicle provided (Breakdown cover is not included in the daily rental price) at an additional cost depended upon vehicle group, permitting for onward journey if vehicle is not repairable at the roadside.

(8) The Hirer shall immediately report to the Lessor any accident in which the Vehicle is involved and shall deliver to the Lessor or its insurer if so directed by the Lessor every process pleading or notice or paper of any kind received by the Hirer of the Vehicle relating to any claim suit or proceeding connected with any such accident or event involving the Vehicle. Neither the Hirer not any driver of the Vehicle shall admit liability, aid or abet the assertion of any such claim suit or proceeding and shall co-operate with the Lessor and its insurer in investigating and defending the same.

(9) The Hirer shall keep the Vehicle free from any legal process or encumbrance whatsoever. If the vehicle is seized by the police then the hirer shall pay the full excess, vehicle storage and vehicle release costs if the vehicle is involved in any criminal activity then the hirer will be responsible for the loss of revenue and will also have to pay the full excess. If the vehicle is hired for the purpose of criminal activity the hirer will pay Lakeland Fleet Management Ltd t/a Flexirental.co.uk the excess and loss of revenue and any other costs associated with this process. The Hirer shall not allow the Vehicle to be seized in any distress or sequestration for rent or otherwise or any execution or diligence or by a receiver appointed under any mortgage charge or other encumbrance.

(10) The Hirer shall hold harmless the Lessor from and indemnify against any, losses, liabilities, damages, injuries, claims, demands, costs and expenses arising out of or connected with the possession or use of the Vehicle during the rental term (except those covered by the insurance provided hereunder by the Lessor) caused by negligence or non-observance of the Agreement on the part of the Hirer or his drivers, agents or employees including but not limited to any and all claims of liabilities to the third parties arising out of the abandonment, conversion, secretion, concealment or unauthorised disposal of the Vehicle by the Hirer or his drivers, agents or employees or the confiscation of the Vehicle by any government authority for illegal or improper use of said Vehicle.

(11) The Lessor shall not be liable for loss or damage to any property of the Hirer or any other person who may have been in or on the Vehicle wither before or after its return to the Lessor whether or not related to the negligence of the Lessor or agents, servants or employees. The Hirer shall assume all risk of such loss or damage waive all claims therefore against the Lessor and defend indemnify and hold the Lessor harmless from all claims arising out of such damage.

(12) Notwithstanding the period of hire shown overleaf.

the Lessor may demand the return of the Vehicle at any time, save that such a demand is not to be made without reasonable cause;
the Lessor may repossess the Vehicle 24 hours after the demand, if the Vehicle has not been returned in that time, or sooner, if in the Lessor’s reasonable judgement the demand is not likely to be complied with;
the Lessor shall not be liable for any loss whatsoever or damage which the Hirer is subject to as a consequence of such demands and or repossession;
if the Vehicle is not returned by the due date shown overleaf and/or in accordance with Paragraph (a) above of this clause the Hirer will pay to the Lessor hire charges on demand at the Lessor’s published tariffs (which can be inspected at the Lessor’s premises) for such period as the Vehicle shall be wrongfully retained by the Hirer, his servants and/or agents. Plus any administration charges incurred;
Upon termination of this Agreement (howsoever arising) the Hirer shall cease to be in possession of the Vehicle with the Lessor’s consent and shall return the Vehicle in good and substantial repair and condition, at the Hirer’s expense.
In an event of cancellation on or after the day of delivery of the vehicle 50% of the full hire cost of the fixed term hire agreement is due to be paid by the hirer to the lessor. It is the hirers responsibility to ensure they meet all the requirements prior to making any booking be it on line or over the phone or in person.

(13) The Hirer shall pay to the Lessor, hire charges and/or other such charges that become due under this agreement by weekly or monthly instalments on commencement of the hire.

The Hirer shall pay to the Lessor on demand in accordance with the current practice of the Lessor from time to time all costs and expenses incurred by the Lessor in respect of any administrative work carried out by the Lessor in connection with this Agreement.

(14) The rate charged shall reflect the period of credit referred to in clause 13.

(15) The period of Credit referred to in 13 herein may be terminated sooner by the Lessor upon giving notice. Thereafter all sums due will become payable immediately.

(16) Any addition to or alternative of the terms and conditions of this Agreement shall be null and void unless agreed upon.

(17) The Hirer agrees to compensate the Lessor in full for any loss it suffers as a result of any damage, fire or theft to or of the Vehicle including loss of revenue for the period which the Vehicle shall remain unavailable for hire by reasons of the Hirer’s willful or negligent actions.

(18) Without prejudice to the rights of the Lessor, the Hirer shall pay to the Lessor interest on all sums payable by the Hirer to the Lessor under this agreement and not received by the Lessor on the due date for such payment at an annual rate of 5% above Barclays Bank Base Rate in force at the time, calculated on a daily basis from the due date for payment until payment in full received by the Lessor in cleared funds both before judgement and/or after judgement.

(19) Maximum Hire Period of this agreement shall NOT exceed 3 months and the Vehicle not to be taken outside England, Scotland and Wales (unless such approval has been agreed and accepted)

(20) Assignment. The Lessor may assign or transfer the Lessor’s rights and/or obligations under the Agreement. In the event of such assignment the Hirer will/shall still be bound by the terms and conditions.

(21) Fines. To cover any administration costs a surcharge will be made for penalty tickets left unpaid in addition to the amount of the fine.

(22) The Hirer acknowledges that:

The Vehicle is fit for the purpose and is in good condition and undertakes to return it and its accessories in the same condition, fair wear and tear excepted, to the place and on the date due back specified overleaf.(b) He has received the Vehicle free from defects or damage (except as indicated overleaf) and that the Lessor has no liability in respect of any injury, loss or damage arising from the use of the Vehicle, nor shall the Lessor be liable for any indirect or consequential loss or damage. The Lessor shall not be liable for damages arising from defects or mechanical failures, which are not attributable to any breach of the Manufacturer’s warranty or any warranty implied by law to take reasonable care or exercise reasonable skill.

(23) Vehicle not to be taken outside England, Scotland and Wales (unless such approval has been agreed and accepted)

(24) All vehicles are subject to VAT.