TERMS & CONDITIONS OF HIRE
These terms will apply to any contract between us for the hire of our vehicles to you.
Please read these terms carefully before you submit your hire request to us. If you think that there is a mistake in these terms please contact us to discuss. Please note that before making a hire request you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to hire our vehicles through our site.
You should print a copy of these terms or save them to your computer for future reference.
These terms, and any contract between us, are only in the English language.
ABOUT US AND HOW TO CONTACT US
We operate the website www.fawtrucks.co.uk. We are FAW Trucks UK Limited a company registered in England and Wales. Our company registration number is 09243167 and our registered office is at Unit 1 Navigator Court, Preston Farm Industrial Estate, Stockton-On-Tees, TS18 3TQ. Our registered VAT number is 198 432 373.
You can contact us by telephoning us at 01642 608151 or by writing to us by e-mail at firstname.lastname@example.org or by post to FAW Trucks, Unit 1 Navigator Court, Preston Farm Industrial Estate, Stockton-On-Tees TS18 3TQ.
If you are a business customer and wish to give us formal notice of a matter in accordance with these terms, please see clause 25.
If we have to contact you we will do so by telephone or in writing at the telephone number, e-mail address or postal address you provided to us in your hire request or as otherwise provided to us by you.
When we use the words "writing" or "written" in these terms, this includes e-mails.
In these terms the following words have the following meanings:
"Additional Charges" those charges detailed in clause 12.10;
"Business Hours" means Monday to Friday 8am to 5pm and Saturday 8am to 1pm, excluding Bank Holidays;
"Collection Date" means the date and time the Vehicle is to be collected by you as confirmed in the Hire Confirmation;
"Contract" means the contract for hire of the Vehicle between you and us to incorporating these terms;
"Deposit" means any advance payment required by us in relation to the hire of the Vehicle which is to be held as security by us;
"Hire Period" means the period of hire of the Vehicle commencing on the date you obtain possession of the Vehicle and ending on the earlier of (i) the date you return the Vehicle to our physical possession in accordance with our instructions or (ii) the date we repossess or otherwise collect the Vehicle from you;
"Named Driver" means any named driver specified during the hire process who is authorised to operate the Vehicle;
"Optional Extra Charges" those charges detailed in clauses 12.9;
"Rental Charges" means our charges for the hire of the Vehicle payable by you to us as specified on the site (and throughout the hire process) and as confirmed in the Hire Confirmation;
"Return Date" means the date and time the Vehicle is to be returned to our physical possession at the end of the Hire Period as confirmed in the Hire Confirmation;
"Vehicle" means the vehicle (including any accessories) hired by you as confirmed in the Hire Confirmation;
"UK" means the United Kingdom.
MAKING A HIRE REQUEST
Our site will guide you through the steps you need to take to make a hire request in respect of a vehicle as listed on our site. Our hire process allows you to check and amend any errors before submitting your hire request to us. Please take the time to read and check your hire request at each page of the hire process.
We also accept hire requests by telephone and ‘in store’. If you would like to hire one of our vehicles by telephone, please call 01642 608151 and one of our representatives will guide you through the steps required to do this. If you would like to hire one of our vehicles ‘in store’, please visit us at Unit 1 Navigator Court, Preston Farm Industrial Estate, Stockton-On-Tees, TS17 3TQ and one of our representatives will, again, guide you through the steps required to do this.
Subject to clause 4.4 below, our acceptance of your hire request will take place when we e-mail you confirming such acceptance ("Hire Confirmation") at which point the Contract will come into existence between you and us.
Please note that you may receive an acknowledgement e-mail prior to receiving the Hire Confirmation but this shall not mean that we have accepted your hire request and a Contract has come into existence. No hire request submitted by you is accepted, and no Contract comes into existence, until we confirm by e-mail our acceptance in accordance with clause 4.3, or we supply you with physical possession of the Vehicle, whichever is earlier.
Nothing in these terms obliges us to accept any hire request, and we reserve the right to refuse any hire request in our absolute and sole discretion and for any reason (or no reason) at all.
We reserve the right to refuse to hire one of our vehicles to you where the details submitted in your hire request or other information you have provided to us do not match the details/information you provide to us when the Vehicle is collected, where we are not satisfied with the details/information you provide to us or you otherwise have not complied with any of the terms or other requirements of the Contract. In such circumstances, we shall be able to terminate the Contract immediately without any liability on our part and there shall be no refund of any sums paid by you to us in such circumstances (save for the Deposit (if any)).
RIGHT TO MAKE CHANGES
If you wish to make a change to the Vehicle you have requested, the time and/or date stipulated for collection of the Vehicle or any other details please contact us to discuss this change. We will let you know if the change is possible. If it is possible we will let you know about any changes to the cost of hire of the Vehicle, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. We do not however have to accept your requested change.
We may amend these terms from time to time in our absolute and sole discretion.
Every time you hire a vehicle from us, the terms in force at the time of your hire request will apply to the Contract between you and us.
If we have to revise these terms as they apply to your hire request, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes proposed.
We may change the Vehicle, the Contract between us and you and these terms to reflect changes in relevant laws and regulatory requirements and/or to implement minor technical adjustments and improvements (which will not affect your use of the Vehicle) but, if we do so, we will notify you and explain the effects of these changes before the changes take effect.
In addition we may make more significant changes to the Vehicle, these terms or the Contract between us and you, but if we do so we will notify you and you may then contact us to cancel the Contract before the changes take effect.
You must collect the Vehicle from us (at the location confirmed in the Hire Confirmation) on the Collection Date.
When collecting the Vehicle, you and each Named Driver must be present in person.
When collecting the Vehicle, you must provide, for you and each Named Driver:
photocard driving licence or non-photocard driving licence and additional photographic ID (such as an in date passport);
Standard Goods Vehicle Operator's Licence, if applicable;
two further types of identification, dated within the last 6-8 weeks, such as a bank or credit card statement or utility bill; and
any other information, documentation or other items that we shall specify.
If you are a non-UK resident, when collecting the Vehicle, you must provide, for you and each Named Driver:
International Driving Permit (where applicable);
proof of where you are staying in the UK (such as a hotel booking confirmation, printed verification or family member's address);
evidence of your return travel (such as your flight confirmation document);
your passport; and
any other information, documentation or other items that we shall specify.
We reserve the right to refuse to hire the Vehicle to you where the correct information, documentation or other items are not provided in accordance with clause 6.3 and 6.4 above. In such circumstances, we shall be able to terminate the Contract immediately without any liability on our part. Further, we reserve the right to not refund any sums paid to us by you in such circumstances (save for the Deposit (if any)).
You will have the opportunity to inspect the Vehicle when you collect it on the Collection Date. After you have inspected the Vehicle, you will sign a vehicle inspection sheet (in such form that we shall specify from time to time) that confirms, amongst other things, the condition of the Vehicle and the level of fuel at the Collection Date. We will also sign this vehicle inspection sheet.
RISK AND TITLE
The Vehicle shall remain at all times our property. Title in the Vehicle will not pass to you in any circumstance, nor will you have any right, title or interest in or to the Vehicle, save the right to possession and use of the Vehicle subject to the Contract.
The risk in the Vehicle shall pass to you at the start of the Hire Period. You will be liable for any loss, theft, damage or destruction of the Vehicle during the Hire Period and until the Vehicle has been returned to our physical possession in accordance with our instructions.
If you are an individual, you must be at least 21 years old in order to make a hire request or otherwise hire a vehicle from us.
In all cases, each and every Named Driver must be at least 21 years old.
If you wish for us to provide insurance in accordance with clause 19.2, you and each Named Driver must over the age of 25. If you are not, we cannot provide insurance in accordance with clause 19.2.
Each Named Driver must have held a full and appropriate drivers licence for at least twelve (12) months which entitles the driver to drive the Vehicle.
Each Named Driver must provide a valid International Drivers Permit if the Named Driver's drivers licence is not of EU origin.
If any Named Driver will be operating a Vehicle over 3.5 tonnes to transport other people's goods for sale or reward a Standard Goods Vehicle Operator's Licence is required.
The images of our vehicles on our site are for illustrative purposes only. Although we have made every effort to display our vehicles accurately, we cannot guarantee that a device's display of our vehicles is accurate. The Vehicle may vary slightly from those images.
Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate only.
The Vehicle is hired subject to it being available for the Hire Period. We will not be liable for any loss suffered by you as a result of the Vehicle being unavailable for hire during the Hire Period.
You shall hire the Vehicle from us for the Hire Period subject to the Contract. Any fixed Hire Period or minimum Hire Period will be confirmed in the Hire Confirmation or otherwise agreed between us and you in writing.
The Hire Period shall immediately come to an end on termination or expiry of the Contract for any (or no) reason at all.
We shall not, other than in the exercise of our rights under the Contract or applicable law, interfere with your quiet possession of the Vehicle.
RENTAL CHARGES, ADDITIONAL CHARGES AND DEPOSITS
You shall pay to us in accordance with these terms.
the Rental Charges;
the Optional Extra Charges;
any Additional Charges; and
any other amount due to us by you under these terms or the Contract,
(together the "Charges")
You shall pay all Rental Charges (as well as any other Charges) notified to you during the hire process and requested at that time via our site by either credit or debit card. Such Rental Charges (and other Charges) shall be confirmed in the Hire Confirmation.
We accept payment via all major credit and debit cards, including Visa, MasterCard and American Express. For further details on payment, see our site.
All other Charges (save for those provided for in clause 12.2) shall be paid for by you on receipt of an invoice from us or otherwise in accordance with this clause 12.
Whether a Deposit is required, the amount of such Deposit and how it is to be paid will be confirmed to you prior to commencement of the Hire Period. If not specified, the Deposit is required, is £200 (two hundred pounds) and is payable by you at the time you collect the Vehicle on the Collection Date.
The need for and amount of the Deposit (if any) will vary depending on:
whether you took out CDW (collision damage waiver) at the time of hire;
whether the Named Driver has any endorsements on their licences,
the type of vehicle being hired;
the extent of the Hire Period;
any additional products and/or services that you select at the time you collect the Vehicle; and
for any other reason at our sole discretion.
The Deposit must be paid prior to commencement of the Hire Period. The Hire Period will not commence until the Deposit has been paid in full and cleared funds. We reserve the right to refuse to hire one of our vehicles to you where the Deposit is not paid (in full and cleared funds) to us prior to commencement of the Hire Period. In such circumstances, we shall be able to terminate the Contract immediately without any liability on our part. Further we reserve the right to not refund any sums paid by you to us in such circumstances (save for the Deposit (if any)).
The Deposit is a deposit against default by you of payment of any Charges or any loss, theft, damage or destruction of the Vehicle (in whole or in part). If you fail to pay any Charges in accordance with the Contract, or there is any loss, theft, damage or destruction of the Vehicle (in whole or in part), we shall be entitled to apply the Deposit against such default, loss, theft, damage or destruction. You shall pay to us any sums deducted from the Deposit within one (1) Business Days of a demand for the same. The Deposit (or balance thereof after deductions in accordance with the Contract) shall be refundable within ten (10) Business Days of the end of the Hire Period.
Optional Extra Charges
Optional Extra Charges are charges in respect of goods and/or services you have chosen to purchase in addition to the hire of the Vehicle and include, but are not limited to:
costs for insurance (in accordance with clause 19.2 to 19.10);
charges for a collision damage waiver (in accordance with clause 19);
charges for additional Named Drivers; and
any other optional extras or charges incurred or selected prior to commencement of the Hire Period.
Such Optional Extra Charges are chosen by you during the Hire Process and are paid for in accordance with clause 12.2. If any goods and/or services incurring Optional Extra Charges are purchased after the Contract has been entered into or otherwise after payment in accordance with clause 12.2, these shall be paid for at the time of purchase.
Additional Charges are charges arising during the Hire Period and include, but are not limited to:
charges for replacing the full lock set in the Vehicle due to lost keys;
fees relating to Fines and Penalties (in accordance with clause 18);
cleaning fees (if the Vehicle is not returned in the same condition it was before the start of the Hire Period);
refuelling if you do not return the Vehicle to us with a full tank of fuel; and
administration fees in relation to any Additional Charges or non-payment of any Charges.
We reserve the right to charge for any Additional Charges at our absolute discretion acting reasonably and in good faith (and the amount of which shall be at our absolute discretion acting reasonably and in good faith) up to and after the termination and expiry of the Contract. Such Additional Charges will be invoiced to you and such invoice shall be payable immediately.
All amounts payable by you under the Contract are, unless otherwise stated, exclusive of value added tax chargeable from time to time ("VAT"). Where any taxable supply for VAT purposes is made by us to you under the Contract, you shall, upon receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable at the same time as payment is due under the Contract.
Any invoice submitted by us must be paid within the timeframe stipulated on the invoice or otherwise in these terms. If no timeframe is stipulated, payment must be made within 30 days of the date of the invoice.
Payment should be made in full and cleared funds to the bank account nominated by us in writing or stated on the invoice. Payment shall not be deemed to be made until we have received cleared funds in respect of the full outstanding amount.
You shall pay all sums due to us under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies except as required by law. We may, without limited our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
In the event that you fail to make payment in full on the due date of any charges due under the Contract, we may charge you interest (both before and after Judgment) and late payment compensation on the amount unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended by the Late Payment of Commercial Debt Regulations 2002 and the Late Payment of Commercial Debt Regulations 2013.
You, and each Named Driver, shall:
keep and maintain the Vehicle in safe custody at your own risk during the Hire Period;
keep the Vehicle maintained in good condition at all times until returned to us;
not dispose of or use the Vehicle other than in accordance with the Contract or our written instructions or authorisation;
not give, nor attempt to give, anyone legal rights over the Vehicle.
always drive the Vehicle using reasonable skill and care and in accordance with the applicable road use rules.
ensure that the Vehicle is only driven by a Named Driver at all times.
not use the Vehicle in any competitive racing of any kind;
not use the Vehicle outside of the United Kingdom;
ensure that any information you supply to us is complete and accurate;
co-operate with us in all matters relating to the Vehicle and the Contract generally;
provide us with such information and materials as we may reasonably require to perform all of our obligations under the Contract, and ensure that such information is accurate in all material respects; and
obtain and maintain all necessary licences, permissions and consents which may be required for the use and operation of the Vehicle.
You will remain liable for the Vehicle and must comply with the Contract (including these terms) until the Vehicle has been returned to our physical possession in accordance with our instructions.
Unless otherwise agreed in advance by us in writing, you must return the Vehicle to such location as is stipulated by us during Business Hours on the Return Date as specified in the Hire Confirmation.
You must return the Vehicle in the same condition as stated in the vehicle inspection sheet completed at the Collection Date, fair wear and tear excepted.
If you wish to return the Vehicle outside of Business Hours, this must be agreed to by us in writing prior to the final day of the Hire Period.
In the event that you do not return the Vehicle to us at the end of the Hire Period in accordance with the Contract, you will be charged a late return fee.
The late return fee shall be a day rate (calculated by taking the total amount of the Rental Charges and dividing this by the number of days in the Hire Period) multiplied by the number of days late you are in returning the Vehicle to us (i.e. until the Vehicle is returned to our physical possession).
In addition, you shall pay an administration charge of 20% of the relevant day rate (calculated under clause 15.2 above) for each day late you are returning the Vehicle to us (i.e. until the Vehicle is returned to our physical possession).
All vehicles leave our premises with a full tank of fuel. You must return the Vehicle with a full tank of fuel.
In the event that you do not return the Vehicle with a full tank of fuel, you shall pay the cost of any additional fuel so that the fuel tank is full.
The cost of such additional fuel is to be calculated using the latest AA national average fuel price, plus a reasonable refuelling charge to be determined in our absolute and sole discretion.
DAMAGE, FAULT, THEFT AND LOSS
You shall inform us immediately if the Vehicle is damaged, develops a fault, is lost or is stolen.
If the Vehicle is returned to us in a damaged, unclean and/or defective state or otherwise not in the same condition as stated in the vehicle inspection sheet completed at the Collection Date (fair wear and tear excepted), you shall be liable to pay us, on demand, for the cost of any repair and/or cleaning work required to return the Vehicle to the condition it was in at the Collection Date.
If the Vehicle is lost, stolen and/or damaged beyond economic repair during the Hire Period, you shall pay us, on demand, the costs of replacement of the Vehicle on a new for old basis.
If the Vehicle is lost or stolen during the Hire Period, you shall pay us, on demand, all costs we incur in tracking and recovering the lost or stolen Vehicle.
If the Vehicle is damaged, or develops a fault, during the Hire Period you must do all things reasonably necessary to allow us to repair or recover the Vehicle.
If the Vehicle is subject to a claim in relation to an accident or incident during the Hire Period, you must deliver to us all documents received by you in relation to the claim, and provide all assistance as is reasonably required in relation to defending or investigating any claim.
In the event that the Vehicle is stolen, you shall supply us a police crime reference number.
FINES AND CONGESTION CHARGES
You remain liable for all fines, penalty charges and congestion charges incurred by you or any Named Driver during the Hire Period, including any further costs or fees in relation for failure to pay any such fine or charge.
In the event that we receive a penalty charge notice that is issued for the Vehicle during the Hire Period, and that penalty charge notice is capable of being paid, we reserve the right to pay it so to mitigate the cost of it. This is entirely at our discretion and ultimately you will remain liable for all fines, penalty charges and congestion charges incurred during the Hire Period.
In the event that we make payment in accordance with clause 18.2 above, we reserve the right to deduct this amount from the Deposit. In the event that the charges exceed the Deposit, or are paid after the Deposit has been refunded to you, you shall pay to us all charges (or the balance thereof) on demand.
All Named Drivers must be covered by an insurance policy that meets all legal requirements and protects you against legal claims from any person for death or personal injury or damage to any other person's property caused by use of the Vehicle.
Insurance we offer
In the event that you require insurance cover, we offer insurance provided by Insure car hire for Named Drivers who are UK licence holders and aged 25 years and older. Please select this on the optional extras page at the time of booking if insurance is required.
Additional Named Drivers can be included in the insurance, however there is an additional fee per driver per day which is outlined on the optional extras page of the online booking system.
An excess surcharge will be payable if you make a claim, unless a collision damage waiver is selected as an optional extra at the time of booking. A collision damage waiver can reduce your Deposit or excess, or protect you from losing your Deposit altogether. You can take out a collision damage waiver as an optional extra at the time of booking.
A collision damage waiver does not cover you for loss of or damage to tyres, wheels, keys and audio equipment, fuel contamination or the theft of contents.
A collision damage waiver will only apply to one single incident or accident. If the Vehicle is involved in an incident or accident and a further Vehicle is required, you will have to pay another full Deposit.
Insurance excess will vary depending on a number of factors, including, but not limited to, age and licence endorsements. You will be advised of the insurance excess on collection of the Vehicle and this will be outlined in the documentation provided to you.
You are responsible for any damage, loss sustained or third party claim against the Vehicle during the Hire Period. In the event that you do not opt for the collision damage waiver as an optional extra, you will also be responsible to pay the insurance excess.
Any damage to the windscreen of the Vehicle is your responsibility unless you take out a collision damage waiver at the time of hire.
During the Hire Period, unless you have taken insurance as an optional extra in accordance with clause 19.2 to 19.9 above, you shall, at your own expense, obtain and maintain an insurance policy that meets all legal requirements and protects you against legal claims from any person for death or personal injury or damage to any other person's property caused by the use of the Vehicle. You shall provide us with such documentation and information as we require in order to verify your insurance as we shall request from time to time. We reserve the right to refuse to hire the Vehicle to you where such information or documentation is not provided in accordance with this clause. In such circumstances, we shall be able to terminate the Contract immediately without any liability on our part. Further, we reserve the right to not refund any sums paid to us by you in such circumstances (save for the Deposit (if any)).
All of our vehicles come with full nationwide 24/7 breakdown coverage. Details of the breakdown coverage will be provided to you at the time the Vehicle is collected.
LIMITATION OF LIABILITY
Clauses 21.1 to 21.4 inclusive only apply if you are a business.
We only supply the Vehicle for internal use by your business, and you agree not to use the Vehicle for any other purposes.
Nothing in these terms limits or excludes our liability for:
death or personal injury caused by our negligence; or
fraud or fraudulent misrepresentation.
Subject to clause 21.1.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
Subject to clause 21.1.2 and 21.1.3, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Rental Charges actually paid by you to us.
Clauses 21.5 and 21.6 inclusive only apply if you are a consumer.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the hire process.
We only supply the Vehicle for domestic and private use. If you use the Vehicle for any commercial, business or other purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If the performance of any of our obligations under the Contract is prevented or delayed by any act or omission or failure to perform any relevant obligation by you or any Named Driver, including, but not limited to, the obligations listed in clause 13, we shall have the right to suspend performance of the Contract.
Exercising the right contained in clause 21.7 above will not limit our other rights or remedies whatsoever.
CANCELLING THE CONTRACT
You may cancel the Contract at any time on or before the Collection Date.
If you cancel the Contract more than 48 hours before the Collection Date, we will refund to you all sums paid by you to us, other than any credit or debit card fees paid by us, including any Deposit paid.
If you cancel the Contract less than 48 hours but more than 24 hours before the Collection Date, we will refund to you 50% of all sums paid by you to us (other than any credit or debit card fees paid by us) and the Deposit.
If you cancel the Contract less than 24 hours before the Collection Date, we will only refund to you any Deposit paid but no other sums paid by you.
Without affecting any other right or remedy available to us, we may terminate the Contract with immediate effect by giving written notice to you if:
you fail to pay any amount due under the Contract on the due date for payment;
you commit a material breach of any other term of the Contract, which is irremediable or, if such breach is remediable, you fail to remedy that breach within a period of 5 days after being notified in writing to do so;
you repeatedly breaches any of the terms of the Contract in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to the terms of the Contract;
you suspend, or threatens to suspend, payment of your debts or are unable to pay your debts as they fall due or you admit inability to pay your debts or (being a company or limited liability partnership) you are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) you are deemed either unable to pay your debts or as having no reasonable prospect of doing, in either case, within the meaning of section 268 of the Insolvency Act 1986;
you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of you with one or more other companies or the solvent reconstruction of you;
a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of you (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of you with one or more other companies or the solvent reconstruction of you;
an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over you (being a company);
the holder of a qualifying floating charge over your assets (being a company) has become entitled to appoint or has appointed an administrative receiver;
a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
you (being an individual) are the subject of a bankruptcy petition or order;
a creditor or encumbrancer of you attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
any event occurs, or proceedings are taken, with respect to you in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 23.1.4 to 23.1.11 (inclusive);
you suspend or cease, or threaten to suspend or cease, carrying on all or a substantial part of your business; or
you (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or you become a patient under any mental health legislation.
Upon termination or expiry of the Contract, however caused:
our consent to your possession of the Vehicle shall terminate and we may, by our authorised representatives, without notice and at your expense, retake possession of the Vehicle and for this purpose may enter your premises or any premises at which the Vehicle is located; and
without prejudice to any of your other rights or remedies, you shall pay to the us on demand:
all Charges and other sums due but unpaid at the date of such demand together with any interest accrued pursuant to clause 12;
any costs and expenses incurred by us in recovering the Vehicle and/or in collecting any sums due under the Contract (including any storage, insurance, repair, transport, legal and remarketing costs).
Upon termination or expiry of the Contract pursuant to 23.1 or any other repudiation of the Contract by you which is accepted by us, without prejudice to any other rights or remedies we may have, you shall pay us on demand a sum equal to the whole of the Charges that would (but for the termination) have been payable if the Contract had continued from the date of such demand to the end of the Hire Period.
The sums payable pursuant to clause 23.3 shall be agreed compensation for our loss and shall be payable in addition to the sums payable pursuant to clause 23.2.2 Such sums may be partly or wholly recovered from any Deposit.
Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
We will use the personal information you provide to us:
to supply the Vehicle to you and otherwise perform the Contract in accordance with its terms;
to process your payment for the hire of the Vehicle; and
if you agreed to this during the hire process, to inform you about similar goods and services that we provide, but you may stop receiving these at any time by contacting us.
We may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
We will only give your personal information to other third parties where the law either requires or allows us to do so.
COMMUNICATIONS BY US IF YOU ARE A BUSINESS
Any notice or other communication given by you to us, or by us to you, under or in connection with the contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Hire of vehicles to individuals or partnerships of 3 individuals or less (or other unincorporated body of individuals) shall not be for a period in excess of 3 months. You shall return the Vehicle to us on or before the last day of such three month period if such an exclusion is applicable to you.
TERMS THAT APPLY TO CONSUMERS ONLY
This clause 27 only applies when you are entering into the Contract as a consumer (not in the course of a business).
Should any defect occur in the Vehicle, other than one for which you were responsible, we will at our option either, replace or repair the Vehicle (at no charge to you) as soon as is reasonably practicable. We shall not replace, repair or service any Vehicle until any outstanding Charges have been paid in full and cleared funds.
These terms do not affect any of your statutory rights where you are a person dealing as a consumer. Any clause which would otherwise exclude or restrict your rights as a consumer will, to that extent, have no force or effect.
We may transfer our rights and obligations under these terms to another organisation.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we reasonably believe that the person to which you wish to transfer your obligations will not be able to fulfil the obligations to be transferred.
No other person shall have any rights to enforce any of its terms. Neither of us will need to get the Contract of any other person in order to end the contract or make any changes to these terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Vehicle, we can still require you to make the payment at a later date.
If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the hire of the Vehicle in the English courts. If you live in Scotland you can bring legal proceedings in respect of the hire of the Vehicle in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the hire of the Vehicle in either the Northern Irish or the English courts.
If you are a business, a contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).