Terms & Conditions

Terms & Conditions for Movantra Ltd

Terms of Hire

In this Agreement, the following terms shall have the meanings respectively assigned to them:

Hirer: The person named overleaf.

Lessor: Movantra Ltd.

Rental/Hire Period: The period from the date and time out as stated overleaf until the return of the Vehicle to the Lessor under a fixed-term contract.

(1) Use of the Vehicle

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 Lessor that he or she is duly authorised to sign and enter into this Agreement for and on behalf of the Hirer. The obligations 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 use has been approved and agreed by the Lessor.

By a person who is less than 21 years of age. Minibus drivers must be at least 25 years of age and hold the appropriate licence, as must drivers of 7.5-tonne vehicles.

By a person over 70 years of age unless such approval has been given and agreed in writing.

By any person who has provided the Lessor with false or fictitious particulars.

Knowingly for any unlawful purpose.

To propel or tow any vehicle or trailer, or for racing, pacemaking, reliability trials, speed testing or driving tuition.

By any person except the Hirer or an authorised driver.

To carry a greater number of passengers and/or more baggage than is recommended by the manufacturer.

After the expiry of the agreed period of hire as stated overleaf.

Outside the United Kingdom unless such approval has been agreed and accepted by the Lessor.

The Vehicle must not be driven in a manner which would render void any insurance or other contract of insurance, or in contravention of any Road Traffic Act, traffic legislation or use regulations. The Vehicle must not be driven in the event of a mechanical, electrical or structural failure where continued use might cause further damage.

(2) Return of the Vehicle

The Hirer will return the Vehicle to the Lessor’s address shown overleaf on the date shown overleaf, or earlier if reasonably 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) Vehicle Faults, Repairs and Daily Checks

The Hirer shall not use the Vehicle if any damage or fault arises which makes 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 a fault 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 repair to be carried out by a reputable dealer or 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 allow any lien to be placed upon the Vehicle. The Hirer shall be responsible for any charges incurred in connection with unauthorised repairs.

The Hirer shall inform the Lessor as soon as reasonably possible of any fault requiring repair or of any repair carried out to the Vehicle.

The Hirer is also responsible for carrying out daily safety checks on the Vehicle, including, in particular, water/coolant levels, oil levels and tyres, while the Vehicle is in the Hirer’s custody. Any damage resulting from failure to adhere to these requirements will be charged to the Hirer.

(4) Relationship Between the Parties

Neither the Hirer nor 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 purpose.

(5) Ownership

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) Insurance and Damage

The Hirer shall provide fully comprehensive insurance and accidental damage cover for the hired Vehicle for the benefit of the allocated driver or drivers chosen by the Hirer.

The Hirer must ensure that each driver holds a full UK driving licence, is authorised to drive the relevant class of Vehicle and is driving the Vehicle with the Hirer’s prior consent as named overleaf.

If the Vehicle is stolen, the Hirer shall be 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 involved in an accident, whether deemed to be the fault or non-fault of the Hirer, the Hirer agrees to be responsible for the applicable damage costs and any loss of hire relating to the Vehicle, subject to the terms of the Hirer’s insurance cover.

If the Vehicle is declared a total loss, the Hirer shall be responsible for the market value of the Vehicle, subject to any applicable insurance settlement.

If the Vehicle is damaged through accidental damage, vandalism, storm/weather-related damage or any other form of damage while in the Hirer’s custody, the Hirer shall be responsible for the applicable damage costs and any resulting loss of hire.

Where damage exceeds the Hirer’s insurance excess, the Hirer shall pay the applicable excess and pursue the remaining damage costs, personal injury costs and third-party costs through the Hirer’s own fully comprehensive insurance policy.

The Hirer agrees to comply with and be bound by all terms, conditions, limitations and restrictions of the applicable insurance policy as if set out herein. A copy of such policy may be inspected at the office of the Lessor.

Subject to the requirements of the Road Traffic Acts, such a policy shall not apply:

To any obligation for which the Hirer, any driver of the Vehicle, the employer of either, or any insurance carrier may be held liable under workers’ compensation, disability benefit or similar law.

To any obligation assumed by the Hirer or any driver under any express or implied contract apart from this Rental Agreement.

To any liability of the Hirer, any driver or the employer of either arising while the Vehicle is being used in violation of any of the limitations set out in Clause (1) above.

To medical payments required by persons sustaining injuries while riding in, alighting from, entering or getting onto the Vehicle.

(7) Fines, Penalties and Charges

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

Any relevant offence committed in relation to the Vehicle while stationary and where a fixed penalty notice is issued, including being on a road during the hours of darkness without the lights or reflectors required by law; being left or parked; being loaded or unloaded; and the non-payment of a charge made at a street parking place and/or Pay & Display facility.

Any fixed penalty offence committed in respect of the Vehicle under applicable legislation or orders, including 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 the Vehicle under applicable legislation.

Any financial penalty or charge demanded by a third party as a result of the Vehicle having been parked or left upon land which is not a public road.

For the purposes of this Agreement:

Rental means the hiring of the Vehicle under the rental agreement number assigned to that Vehicle only.

Collision Damage Waiver means the daily rate for Collision Damage Waiver, where required by the Hirer during the full duration of hire. The rate is dependent upon the size of the Vehicle and the amount of reduction to the original excess.

Breakdown/Admin Charge means the applicable daily rate for breakdown cover for the Vehicle provided. Breakdown cover is not included in the daily rental price unless expressly stated otherwise and may be available at an additional cost depending upon the Vehicle group, permitting an onward journey where the Vehicle cannot be repaired at the roadside.

(8) Accidents

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 directed by the Lessor, every process, pleading, notice or document of any kind received by the Hirer relating to any claim, suit or proceeding connected with such accident or event involving the Vehicle.

Neither the Hirer nor any driver of the Vehicle shall admit liability, aid or abet the assertion of any such claim, suit or proceeding and shall cooperate fully with the Lessor and its insurer in investigating and defending the same.

(9) Legal Process, Seizure and Impound

The Hirer shall keep the Vehicle free from any legal process or encumbrance whatsoever.

If the Vehicle is seized or impounded by the police or another authorised body as a consequence of the Hirer’s or driver’s actions, the Hirer shall be responsible for the applicable insurance excess, Vehicle storage costs, release costs and any loss of revenue incurred by the Lessor.

If the Vehicle is involved in criminal activity, the Hirer shall be responsible for any loss of revenue, applicable excess and other costs arising as a result.

If the Vehicle is hired for the purpose of criminal activity, the Hirer shall pay Movantra Ltd the applicable excess, loss of revenue and any other costs associated with the seizure, recovery, storage, release or related process.

The Hirer shall not allow the Vehicle to be seized in any distress or sequestration for rent or otherwise, or under any execution, diligence, receivership, mortgage, charge or other encumbrance.

(10) Indemnity

The Hirer shall hold harmless and indemnify the Lessor 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/Hire Period, except those covered by insurance provided hereunder by the Lessor, where caused by negligence or non-observance of this Agreement by the Hirer or the Hirer’s drivers, agents or employees.

This includes, but is not limited to, claims or liabilities to third parties arising from abandonment, conversion, concealment, unauthorised disposal or confiscation of the Vehicle by a government authority as a result of illegal or improper use.

(11) Personal Property

The Lessor shall not be liable for loss of or damage to any property belonging to the Hirer or any other person which may have been in or on the Vehicle, whether before or after its return to the Lessor, except where liability cannot lawfully be excluded.

The Hirer assumes responsibility for such property and shall indemnify the Lessor against claims arising from such loss or damage to the extent permitted by law.

(12) Termination and Repossession

Notwithstanding the Rental/Hire Period shown overleaf:

The Lessor may demand the return of the Vehicle at any time where there is reasonable cause.

The Lessor may repossess the Vehicle 24 hours after such demand if the Vehicle has not been returned within that time, or sooner if, in the Lessor’s reasonable judgement, the demand is unlikely to be complied with.

To the extent permitted by law, the Lessor shall not be liable for loss or damage suffered by the Hirer as a consequence of such demand or repossession.

If the Vehicle is not returned by the due date shown overleaf and/or in accordance with the above provisions, the Hirer will pay the Lessor hire charges on demand at the Lessor’s applicable published tariff for the period during which the Vehicle is wrongfully retained, together with any administration charges incurred.

Upon termination of this Agreement, however 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, fair wear and tear excepted, at the Hirer’s expense.

In the 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 shall become payable by the Hirer to the Lessor.

It is the Hirer’s responsibility to ensure that all requirements are met prior to making any booking, whether online, over the telephone or in person.

(13) Payment

The Hirer shall pay the Lessor all hire charges and/or other charges that become due under this Agreement by weekly or monthly instalments, as agreed, commencing at the start of the hire.

The Hirer shall pay the Lessor on demand, in accordance with the Lessor’s current practices, all reasonable costs and expenses incurred by the Lessor in respect of administrative work carried out in connection with this Agreement.

(14) Credit

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

(15) Termination of Credit

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

(16) Amendments

Any addition to or alteration of the terms and conditions of this Agreement shall be null and void unless agreed by the parties.

(17) Damage, Fire and Theft

The Hirer agrees to compensate the Lessor in full for any loss suffered as a result of damage, fire or theft to or of the Vehicle, including loss of revenue for the period during which the Vehicle remains unavailable for hire, where such loss results from the Hirer’s wilful or negligent actions.

(18) Late Payment Interest

Without prejudice to the rights of the Lessor, the Hirer shall pay interest to the Lessor on all sums payable under this Agreement which are not received by the due date.

Interest shall be charged at an annual rate of 5% above the Barclays Bank Base Rate in force at the relevant time, calculated on a daily basis from the due date until payment is received in full by the Lessor in cleared funds, both before and after judgement.

(19) Maximum Hire Period and Territorial Restrictions

The maximum Hire Period under this Agreement shall not exceed three months.

The Vehicle must not be taken outside England, Scotland and Wales unless prior approval has been agreed and accepted by the Lessor.

(20) Assignment

The Lessor may assign or transfer its rights and/or obligations under this Agreement. In the event of such assignment or transfer, the Hirer shall remain bound by the terms and conditions of this Agreement.

(21) Fines

To cover administration costs, a surcharge may be applied to penalty tickets, fines or charges left unpaid, in addition to the amount of the applicable fine or charge.

(22) Vehicle Condition

The Hirer acknowledges that:

The Vehicle is fit for the agreed purpose and is in good condition and undertakes to return the Vehicle and its accessories in the same condition, fair wear and tear excepted, to the place and on the date specified overleaf.

The Hirer acknowledges receipt of the Vehicle free from defects or damage except as indicated overleaf.

To the extent permitted by law, the Lessor shall have no liability in respect of injury, loss or damage arising from the use of the Vehicle, nor shall the Lessor be liable for 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 or duty implied by law requiring reasonable care or skill.

(23) Territorial Restrictions

The Vehicle must not be taken outside England, Scotland and Wales unless prior approval has been agreed and accepted by the Lessor.

(24) VAT

All Vehicle hire charges and other applicable charges are subject to VAT at the prevailing rate.