1. In no event shall the vehicle be used, operated, or driven: a) for the carriage of persons for hire or reward, whether expressed or implied, by a person who is less than 25 years of age or more than 65 years of age, or who has given the Licensee any false or fictitious particulars. b) Knowingly for any unlawful purpose. c) To propel or tow any vehicle or trailer. d) For racing, pacemaking, reliability trials, speed testing, or driving tuition. e) By a person, except Lessee, a qualified licensed driver 25 years of age named overleaf and having Lessee's prior consent, or a motor vehicle repairer in the event of an accident or breakdown. f) To carry a greater number of passengers and/or more baggage than recommended by the manufacturer. g) After the expiry of the period of hire as stated. h) Outside the UK without the express written approval and authorisation of Licensee.
2. Lessee will return the vehicle to the Licensee's address as shown overleaf and on the date shown, or earlier as demanded by the Licensee, together with all types of tools, accessories, and equipment in the same condition as when received - ordinary wear and tear excepted. Provided, however, that Lessee, observing the terms of this agreement in all respects, shall not be liable for loss or damage to the vehicle from perils insured against under Licensee's comprehensive vehicle insurance coverage, except that if Lessee has not elected to pay an extra premium to avoid excess, Lessee shall be responsible for the collision damage deposit.
3. The Lessee shall not use the vehicle if any damage or fault arises 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(s) arising which can be repaired at a total cost of less than £10, the Lessee shall either return the vehicle to the Licensee or authorise the carrying out of such repair by a reputable and properly qualified motor repairer. Authorisation for expenditure in excess of £10 must be obtained from the Licensee prior to commencement of the repair. The Lessee shall not, without the Licensee's consent, permit repairs to the vehicle at a total cost in excess of £10, or suffer any lien to be placed upon it, and will pay for any and all charges in connection with any such unauthorised repairs. The Lessee shall inform the Licensee 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.
4. Neither Lessee nor any other driver of the vehicle shall be or be deemed to be the agent, servant, or employee of the Licensee for any reason or for any purpose.
5. Licensee shall provide comprehensive vehicle insurance cover for the benefit of the Lessee and others of age 25, driving with their prior consent and named by Lessee overleaf. The Lessee agrees to comply with and be bound by all the terms, conditions, limitations, and restrictions of such a policy as if here fully set forth, including any of the same not specifically mentioned herein. Such a policy, a copy of which may be inspected at the Head Office of the Licensee, shall (subject to requirements of the Road Traffic Act) not apply: a) to any obligation for which the Lessee or any driver of the vehicle, or the employer of either, or any insurance carrier may be held liable under any workmen's compensation or disability benefit, or similar law. b) to any obligation assumed by the Lessee or any driver under any express or implied contract. c) to any liability of Lessee 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. d) to medical payments required by persons sustaining injuries while riding or alighting from or getting into or on the vehicle.
6. The hirer shall be liable as owner of the vehicle in respect of: a) any of the following offences which may be committed with respect of that the vehicle when it is stationary and when a fixed penalty notice is issued: being on road during the hours of darkness without the lights or reflectors required by law, waiting or being left or parked, or being loaded or unloaded, in a road, being used or kept on a public road within the meaning of the Vehicles (Excise) Act 1971 without a License under that Act being exhibited on the vehicle in the manner prescribed under that Act; and the non-payment of the charge made at a street parking place; and b) any excess charge which may be incurred in pursuance or an order under sections 25 and 36 of the Road Traffic Regulations Act 1967 (provisions on highways of parking places where charges are made).
7. Lessee shall immediately report any accident to Licensee and deliver to Licensee, or its insurer if so directed by Licensee, every process, leading or notice or paper of any kind received by Lessee or any driver of the vehicle relating to any claim, suit, or proceeding connected with any accident or event involving the vehicle. Neither Lessee nor any driver of the vehicle shall aid or abet the assertion of any such claim, suit, or proceeding and shall co-operate fully with Licensee and its insurer in investigating and defending the same.
8. Lessee shall defend, indemnify, and hold harmless the Licensee from and against any and all losses or 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 Licensee), including but not limited to any and all claims of or liabilities to third parties arising out of the abandonment, conversion, secretion, concealment, or unauthorised disposal of the vehicle by Lessee or his drivers, agents, or employees, or the confiscation of the vehicle by any governmental authority for illegal or improper use of said vehicle.
9. Licensee shall not be liable for any loss or damage to any property of Lessee or any other person which may have been in or on the vehicle either before or after its return to Licensee, whether or not related to the negligence of Licensee or its agents, servants, or employees. Lessee shall assume all risk of such loss or damage, waive all claims therefore against Licensee, and defend, indemnify, and hold Licensee harmless from all claims arising out of such loss or damage.
10. Licensee may demand the return of the vehicle at any time and, in Licensee's reasonable judgement, such demand might not be complied with. Licensee may repossess the vehicle and terminate this Rental Agreement without any liability for any loss or damage which Lessee may sustain as a result of such demand, termination, or repossession.
11. Lessee will pay Licensee on demand all time, mileage, service, minimum, and other charges entered overleaf at the rates shown in this Rental Agreement. If Lessee has directed charges to be billed to another person, and such person shall fail to make payment, Lessee acknowledges personal liability for, and shall pay, such charges on demand. Licensee may retain the security deposit provided to cover any amount due or which might become due hereunder.
12. In the event of default in the payment of any amount due to Licensee under terms of this agreement, and if this account is placed in the hands of an agency or solicitor for collection or legal action, Lessee agrees to pay, in addition to the amount due hereunder, all costs of collection, including agency and solicitor fees and court costs.
13. The number of miles over which the vehicle has been driven under this Rental Agreement shall be determined by reading the standard mileage recording device attached to the vehicle by the manufacturer. If this device fails through mechanical breakdown, the mileage charges shall be computed from full particulars in regard to the use to which the vehicle has been put during the period of hire, which Lessee shall furnish to Licensee. If the device shall fail to function because its seals have been tampered with or broken by any person or due to a cause other than mechanical breakdown, Lessee shall pay for repair of the unit or replacement of the seal, as the case may be, and also reasonable vehicle rental charge calculated in accordance with the information available to the Licensee regarding the use of the vehicle and charges raised in rental cases appearing to the Licensee to be of similar character (in lieu of the charge calculated as above).
14. The Lessee agrees that any misstatement herein contained or any breach of provision of agreement will authorise the Licensee forthwith to repossess the rented vehicle by use of any lawful means.
15. The Lessee is responsible for theft of the rented vehicle unless keys are removed and doors locked.
16. The Lessee shall have exclusive possession, control, and use of this motor vehicle for the entire period of this agreement, and Lessee shall completely assume full responsibility to the public and any regulatory body having jurisdiction. They undertake to drive and use the vehicle in a skilful and careful manner at all times.