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Terms and conditions of trading for Avalon Vehicle Rental Limited.

 

Introduction & Definition

 

This is a Rental Agreement setting out the terms and conditions of trading between Avalon Vehicle Rental Limited Registered Office: 5 Yeomans Court, Ware Road, Hertford, SG13 7HJ Registered Number 11124261 and you the Hirer.

 

1.1 Definitions:

Booking: means your request to hire a Vehicle, Optional Extras and products from us.

Business Customer: means a business, firm, partnership, limited liability partnership, sole trader or limited company that has a corporate hire agreement with us.

Business Hours: means the hours during which the branch location to which the Vehicle is to be collected or returned is open and each opening hour shall be a “Business Hour”

Conditions: these terms and conditions which we reserve the right to amended from time to time in accordance with clause 2.9. By entering into this contract on the existing terms you are also irrevocably acknowledging that you agree to such further amendments as may be made from time to time

Contract: The Contract is made up of the following documents: (a) the Rental Agreement;(b) these Conditions; and (c) the Vehicle Condition Summary.

Delivery and Collection Service means the delivery of the Vehicle by us, or on our behalf to a location we agree with you and the pickup of the Vehicle by us or on our behalf at the end of the Rental Period as specified in the Booking or Reservation. Delivery Window means the period two hours before the stated delivery and collection times.

Deposit: has the meaning provided in clauses 4.5 and 4.6.

Driver: means the Hirer or any named driver referred to as an Additional Driver as detailed on the Rental Agreement

Hirer: means the person or entity named on the Rental Agreement

Opening Hours: means the opening hours of the car hire locations which can also be found on our website.

Optional Extras: those items selected by you at the time of Booking or on collection of the Vehicle.

Optional Extra Fees: means the fees for hiring the Optional Extras from us, as set out in the Rental Agreement.

Pre-Paid Amount: means the sum paid by you at the time of placing a booking, as specified by us, towards the hire of the Vehicle.

Products: has the meaning provided in clause 16.1. or additional or alternative products available from time to time.

Product Fee means the charges for the Products you purchase from us in relation to your hire of the Vehicle as set out in the Rental Agreement.

Rental Agreement: the agreement setting out the particulars of the Vehicle you hire from us and to which these Conditions apply.

Rental Requirements: means criteria set out throughout this agreement.

Rental Fees: means our charges payable by you for the hire of the Vehicle including, any fees for Optional Extras, Products, Premium Location, Additional Drivers and other fees specified in the Rental Agreement.

Rental Period: is the period from collection the start date and time and ends on the indicated date and time as shown on the Rental Agreement plus any extension period agreed by Us (both dates being inclusive and chargeable).

Required Documents: means for UK Residents: a full driving licence valid for the entire Rental Period and valid passport / ID card or utility bill or bank statement not older than 3 months at the time of vehicle pick up and for non-UK Residents a full driving licence valid for the entire Rental Period and passport (with no visa exemptions for the period of 6 months before the end of the Rental Period) or ID card valid for a period of at least 3 months beyond the end of the Rental Period.

Reservation: means your reservation of a Vehicle from a Vehicle Group for the Rental Period specified by you either via telephone or on-line where a reservation confirmation has been received.

Vehicle: means the car, van, minibus or truck that you have agreed to rent from us for the Rental Period, as set out in the Rental Agreement (or any replacement that we provide). This includes its keys and all parts and accessories and documents present in the Vehicle.

Vehicle Condition Summary: An electronic or paper vehicle check sheet form which sets out the condition of the Vehicle at handover.

Vehicle Group: means a selection of vehicles with similar characteristics as we determine in our sole discretion from time to time.

We/us/our: Avalon Vehicle Rental Ltd, registered in England and Wales with company registration number 11124621

You/your: means the person or Business Customer that rents the Vehicle from us and is named on the Rental Agreement (the Hirer).

 

2 Basis of contract

2.1 The Contract is only formed when we allow you to take possession of the keys to the Vehicle and you provide the Required Documents, a valid deposit and payment card approval has been made on your payment card, you have agreed the Vehicle Condition Report and we are satisfied that you meet our Rental Criteria and these Conditions.

2.2 At the point you complete your Reservation, we will use all reasonable efforts to make a vehicle from the Vehicle Group selected available for the Rental Period. In the event that we are unable to make a vehicle from that particular Vehicle Group available, we will provide you with an alternative vehicle of similar specification. You agree that:

(a) Until the Contract is formed as specified in clause 2.1 above, our only obligation to you is in respect of the Reservation;

 (b) You will be bound by the full Rental Agreement and these Conditions if and when the Contract is formed with us.

 

Your Responsibilities

2.3 By taking possession of the keys to the Vehicle, you:

(a) accept the terms of the Rental Agreement;

(b) accept these Conditions; and

(c) agree with the vehicle condition summary set out in the Rental Agreement.

(d) agree it is your responsibility to ensure that any Additional Drivers are aware of and comply with the terms of this Contract.

2.4 By entering in to the Contract, you agree to:

(a) rent the Vehicle, including any replacement vehicles and Optional Extras for the Rental Period;

(b) pay the Rental Fees and other fees set out in the Rental Agreement including those for any Additional Drivers; and

(c) pay relevant administration charges, fees, recovery, theft and damage charges, incorrect fuel filling and draining, toll charges, parking, traffic or other fines or charges, reasonable court costs and/or any other reasonable charges, in the circumstances set out within these Conditions and you irrevocably agree to indemnify us in full for any costs, payments made, or due, by us in event of your failure to pay when demanded any of the above charges to include further penalties, interest, and costs incurred by us to include (non-exhaustively) tracing fees, collection agents, court fees and legal costs and disbursements we incur in the process of debt recovery, on a full indemnity basis;

(d) be responsible for fuel consumption during the rental period and pay for fuel to be topped up to the required level;

(e) pay a mileage charge (in accordance with our then current rates) if you exceed any mileage limitation set out in the Rental Agreement.

(f) pay for any loss, damage or deterioration on the condition of the vehicle (fair wear and tear accepted) as may be determined in our sole determination by reference to the condition of the vehicle(s) as stated at the commencement of the contract and its condition upon return.

 (h) it is your responsibility to ensure that any Additional Drivers are aware of and comply with the terms of the Contract and you will be vicariously responsible for any breaches by them

(i) pay all sums promptly whenever they become due whether during, and at termination of the agreement, including all sums which relate to the Rental Period but are notified afterwards (eg traffic offences or damage) and, in default, agree to pay such further costs and interest that late payment results in.

2.5 Unless otherwise stated, the Rental Fees include the cost of vehicle tax, local taxes, third party liability insurance, daily rental charge, collision damage waiver with excess breakdown assistance and, limited/unlimited mileage (depending on the application rate).

2.6 If you are a Business Customer, by signing the Rental Agreement, you confirm you have the relevant company’s actual authority to enter into the Contract. In the event that there is a conflict between the terms of the Contract and your business’s contractual and/or internal agreements, the terms of the corporate master hire agreement between you and us shall prevail.

 

3 Cancellations and pre-paid tariffs

3.1 In the event we are unable to provide you with a Vehicle, your sole remedy will be the refund of any Pre-Paid Amount paid by you to us.

3.2 Booking Cancellations, may be made without charge up to 3 days prior to the Rental Period. If you do not cancel your Reservation more than 3 days in advance of the start of the Rental Period or fail to show up to collect the Vehicle from the agreed location at the agreed time, we reserve the right to charge the Rental Fees in full if the booking is for less than 3 days and if your Rental Period is for more than three days, then the first three days are non-refundable.

 

4 Deposits and payment

4.1 You must use the original payment card to make any additional payments or pre-authorisations relating to the Reservation.

4.2 We may require a Deposit/approval on your payment card. The amount of the deposit may vary depending on the type of booking, Vehicle Group or the method of payment.

4.3 Before we let you rent a Vehicle, you need to allow us to take a credit card approval or a debit card deposit. You will need to give us an approved payment card that’s in your name and has enough funds available on it to allow us to do so and that has sufficient remaining validity to cover payments up to the end of the stated Hire period.

4.4 The Deposit/approval amount for credit cards is determined by the vehicle group. The minimum amount will be the rental charge plus the Deposit which is a minimum of £200 maximum £300 for Vehicles below Vehicle Group C, minimum £300 maximum £500 for Vehicle Group C and minimum £500 maximum £2000 for Prestige or Commercial vehicles (any changes to these amounts will be notified to you at the time of reservation). The Deposit/approval amount and Rental fees will be taken from your credit card immediately. When the Rental Agreement is returned, the outstanding Rental Fees and any other charges and outstanding amounts due from you will be taken from the Deposit amount or charged to the credit card provided to us, unless you make immediate payment with another form of payment. No interest will be payable upon the return of any deposit at the end of the Hire.

4.5 The deposit on a debit card is determined by the vehicle group. The minimum amount will be the rental charge plus the Deposit which is  a minimum of £200 maximum £300 for Vehicles below Vehicle Group C, minimum £300 maximum £500 for Vehicle Group C and minimum £500 maximum £2000 for Prestige or Commercial vehicles (any changes to these amounts will be notified to you at the time of reservation). The Rental Fees and deposit amount will be immediately debited from your bank account and will be held by us until the Rental Agreement is terminated and all Rental Fees and any other charges or outstanding amounts due from you have been paid to us, unless you make immediate payment with another form of payment. No interest will be payable upon the return of any deposit at the end of the Hire.

4.6 We accept the following payment cards: All major debit or credit cards with the exception of American Express. We do not accept pre-paid debit cards or Visa Electron cards.

4.7 For any discount code/voucher bookings the original valid voucher must be presented together with a valid payment card for any additional charges that are not covered by the code/voucher.

4.8 If you are late making payment, we will charge you, without further notice, interest on the overdue amounts as applicable under the Late Payment of Commercial Debts (Interest) Regulations as amended.  We will also charge you for any reasonable costs incurred by us whilst we attempt to recover payment from you (including reasonable legal and debt recovery costs).

4.9 You agree that we can send invoices electronically to the e-mail address which you have provided. You are accountable for any malfunctions of the receiving devices or systems to access invoices and to notify us of any change of address and contact details.

5 Rental period termination

5.1 The Rental Agreement terminates when:

(a) the Vehicle and any applicable Optional Extras are returned and the Vehicle’s keys are handed over to one of our employees, or where we have provided our prior written authorisation to leave the keys in another secure location; and

(b) Vehicle has been inspected and checked by us in accordance with the terms as set out in this rental agreement.

 

6 Extending the Rental Period

6.1 If you wish to extend the Rental Period, you must contact us at the latest 24 hours before the end date and time of your Rental Period.

6.2 We will do our best to assist you to fulfil your request to extend the Rental Period but shall have no obligation to do so whether in respect of retention of the existing vehicle or the supply and provision of a replacement.

6.3 Where you want to extend the Rental Period for up to 89 days we may require you to return to the rental location with the vehicle, agree a new Contract, enable the vehicle to be inspected and possibly exchange the Vehicle. We may require an additional deposit and a different Rental Fee for the extended Rental Period.

6.4 We will not agree an extension which means that the Rental Period exceeds 89 days. If you require a vehicle for more than 89 days, you must return the Vehicle under your existing Contract prior to the expiry of the Rental Period and, you must enter into another Contract with us for that new Rental Period and possibly exchange the Vehicle. At our sole discretion we may chose not to enter into another contract with you.

6.5 Where the Rental Period has expired and you have not returned the Vehicle to us within one hour of the expiry of the Rental Period, we may repossess the Vehicle. If you fail to return the vehicle and you have not extended the Rental Period in accordance with Clause 6, then if we do not hear from you for a period of 24 hours concerning the delay in return we will regard the Vehicle as having been stolen and will report this to the police. Your insurance will be invalid and you or any driver may be found to be driving the vehicle illegally. We will take all lawful means to recover the Vehicle (which may include repossessing it or applying for a Court Order requiring you to return it and/or pay us an amount equal to the Vehicle’s market value). If we repossess the Vehicle you must pay all expenses, costs and disbursements we incur, on a full indemnity basis, to include (non-exhaustively) tracing fees, DVLA fees, collection agents, court fees and legal costs we incur in the process of repossession. If we have the right to repossess the Vehicle you give us permission to access your premises to do so.

6.6 Subject to Clause 7.5 above, if you fail to extend the Rental Period and you are more than 60 minutes late returning the Vehicle, you will be charged damages to compensate us for the loss of use of the Vehicle (at an equivalent rate of the daily Rental Fee) together with a late return processing fee for each day until the Vehicle is returned to us.

6.7 Please note that your obligations in relation to the Vehicle continues until you return the Vehicle to us, notwithstanding that the Rental Period may have come to an end.

 

7 Vehicle rental requirements

7.1 You must present the Required Documents. If you cannot meet these requirements, you will not be able to drive the Vehicle.

7.2 All Drivers must have held their licence for at least a minimum period of one year prior to the commencement of the Rental Period. If the driving licence does not show that the driver has held it for this minimum period, then they must provide evidence, such as previous driving licenses or a letter from the driving licence authority stating that they have held it for at least the minimum period.

7.3 In addition to your licence, you must provide us with either a valid and up to date DVLA licence check code or a printed copy of DVLA endorsement records for you and all Additional Drivers which have been printed within the last 24 hours. Each DVLA licence check code needs to be valid at the point of vehicle collection. You can request this code from GOV.UK (https://www.gov.uk/view-driving-licence).

7.3 Hirers and Additional Drivers must meet the following requirements;

a) Drivers must be at least 23 years of age and not more than 75 years of age

b) Drivers of minibuses must be at least 30 years of age and not more than 70 years of age

c) Drivers under the age of 25 may only rent vehicles in vehicle groups A-C

d) For all drivers between 23 -25 years of age an additional surcharge per day will apply

e) Drivers with more than 6 penalty points on their driving licence will not be permitted to rent vehicles above group B

f) Drivers who have been banned from driving for a period of 6 months or more as a result of a CD, DD, DR or UT offence will not be permitted to rent a Vehicle from the company for a period of 5 years following the restoration of their licence

g) Please note that some endorsements on your licence may restrict your ability to drive the Vehicle (even if they are below 6 points)

h) Persons convicted for the motor conviction UT50 will not be permitted to hire vehicles.

 

7.4 We will not hire vehicles to Hirers or Additional Drivers engaged in the following occupations;

- Entertainers (theatre, TV, film, etc.), gambling, gaming, night-club operators,

- Foreign armed forces personnel other than British Armed Forces based in the United Kingdom and aged 25 years and over

- Professional sports persons

- Couriers/Parcel Delivery Drivers &/or Light Hauliers involved in multi-drop/deliveries (including fast food establishments, food delivery, wholesale or daily newsagent deliveries)

- Students

- Modelling

- General dealers, Street/Market Traders

7.5 We may refuse to rent to you if we believe you or any Additional Driver is under the influence of drink or drugs or if you or anyone in your party is in our reasonable opinion, abusive, threatening or violent towards any one of our staff members. If we are unable to rent the Vehicle to you for any of the reasons set out in this clause, we will refund you any pre-paid amount.

7.6 To maintain and protect the Vehicle and to prevent and detect crime we may use electronic devices to monitor the condition, performance and operation of the Vehicle and/ or to track a Vehicle’s movements. This information may be used both during and after termination of the Hire Period. By accepting these Terms and Conditions you expressly acknowledge having granted your explicit consent to the use of such electronic devices.

 

8 Delivery and Collection Service

8.1 You must be physically present at the delivery and the collection of the Vehicle and we may require the Vehicle to be delivered to or collected from the address where the payment card is registered to or other address you have used for identification.

8.2 You must present us with the Required Documents and your DVLA licence check code and payment card used to make the Booking.

8.3 An Additional Driver does not have to be present at the time the Vehicle is collected or delivered, but you must provide their valid, full original driving licence and a DVLA licence check code prior to them be added as a valid Additional Driver.

8.4 If we are unable to contact you using details provided by you the Booking will automatically be cancelled and we shall have no liability to you.

8.5 We may agree a delivery window with you to the agreed location, the minimum advance notice for delivery is two Opening Hours.

8.6 You must be available during the Delivery Window to take delivery of the Vehicle and for the collection of the Vehicle.

 

9 Inspecting the vehicle on collection

9.1 The Vehicle has been maintained in accordance with the manufacturer’s recommended standards, will be roadworthy and will be delivered with a full tank of fuel, save delivery mileage, at commencement of the Rental Period.

9.2 Any existing damage to the Vehicle will be stated on the Rental Agreement or the Vehicle Condition Summary.

9.3 When you collect the Vehicle you should inspect it. If there is any damage, you must make sure it is recorded on the Rental Agreement or the Vehicle Condition Summary and agreed by our employee or delivery agent at the time of collection. You will be responsible and liable for any damage to the Vehicle which was not recorded on the Vehicle Condition Summary.

9.4 If you are unable to inspect the vehicle on collection due to adverse light or weather conditions. You must inform us within 2 working hours of any additional damage not noted on the Vehicle Condition Summary.

9.5 We will have the right to inspect the vehicle and request and validate mileage details at any point during the hire and require you to return the vehicle to the rental location at your own cost.

 

10 Returning the vehicle and condition on return

10.1 You must return the Vehicle and any Optional Extras in the same condition you received them. We will allow for normal wear and tear, and the distance you travelled and the duration of the Rental Period.

10.2 We will inspect the Vehicle on its return for any damage or changes in condition. If you do not complete the inspection with us, we will inspect the Vehicle in your absence and notify you of our findings and the amount you are required to pay.

10.3 Some damage may not be apparent at the post-rental inspection, such as mechanical damage (for example in areas such as the engine, fuel tank or clutch) or damage hidden by adverse light or weather conditions. If the condition of the vehicle cannot be remedied by professional cleaning services then we shall treat this as damage, in these events we will notify you with evidence and the amount you are required to pay. If you request within 1 working day of receipt of such notice to inspect the vehicle we will make the vehicle available for inspection for two working days, such inspection shall be at your cost.

10.4 We do not accept return of vehicles outside of Business hours, you should use all reasonable efforts to return the Vehicle to us during our opening hours. In exceptional circumstances if we agree that you are able to return the Vehicle outside of our opening hours or the vehicle will be unattended prior to us collecting it, this will be on the condition that you will remain liable for any damage caused to the Vehicle. until one of our employees takes possession of the Vehicle. You must:

(a) leave any Optional Extras in the boot;

(b) secure the Vehicle near the return location in a location without imposition of fines or penalties; and

(c) leave the keys in a secure location agreed with us, provide photographic evidence of the condition and location of the vehicle and confirm where the Vehicle and keys are located to our customer service number

10.5 You agree to return the Vehicle to us at the branch specified in the Rental Agreement. If the Vehicle is returned to an alternative location, you will be liable for any reasonable costs incurred by us to relocate the Vehicle to the location specified in the Rental Agreement.

10.6 The Vehicle should be returned to us with a full tank of fuel unless you have pre-paid us for fuel. If the Vehicle is returned to us without a full tank of fuel, you will be liable to pay us for the fuel required to fill up the Vehicle at a rate per litre which will be notified to you.

10.7 If you return the Vehicle and any Optional Extras back to us early and you have prepaid the Rental Fees, you will still have to pay the full Rental Fees for the duration of the Rental Period.

10.8 If payment is due by you under this clause 10 you agree that we may charge your payment card for this amount. Please note, when you sign the Rental Agreement, you authorise us to take payment for damage if necessary and we may charge your payment card for this.

 

11 During the Rental Period

11.1 During the Rental Period you must:

(a) use the Vehicle and any Optional Extras according to the road traffic laws or regulations applicable to the area or territory you are driving in: (b) use the vehicle and any Optional Extras in accordance with the manufacturer’s instructions;

(c) ensure the vehicle is adequately locked, secured and protected when you’re not using it;

(d) use the correct fuel;

(e) ensure the Vehicle is protected against bad weather that might cause damage to it;

(f) drive the Vehicle with all due care and attention;

(g) contact us as soon as you become aware of a fault, loss, damage or service due on the Vehicle, or if you believe the Vehicle is no longer roadworthy;(h) allow us to carry out maintenance, repairs or inspections and

(i) for rental periods of more than 28 days contact us to provide up-to-date mileage every 28 days.

11.2 During the Rental Period you will be responsible at your own expense for maintaining:

(a) Tyre pressures, fuel and Ad Blue levels, Engine oil, coolant, screen wash, and other fluids or consumable items associated with the Vehicle.

11.3 During the Rental Period you must not:

(a) take the Vehicle outside England, Scotland or Wales, without our prior written agreement. Please note, where we agree to use of the vehicle outside these territories additional charges will apply;

(b) fit your own equipment to the outside of the Vehicle which may cause damage to the Vehicle, e.g. signage, stickers, luggage racks;

(g) overload the Vehicle (as determined by the Vehicle manufacturer);

(h) sell, rent, remove, or dispose of the Vehicle and/or any Optional Extras or, allow anyone else to do so;

(i) push or tow any trailer or any other Vehicle to exceed any recommended towing weights (as determined by the Vehicle manufacturer);

(j) give anyone any rights over the Vehicle or commit any default or action that may result in any lien, charge or other legal process against the vehicle;

(k) work on the Vehicle or let anyone else work on the Vehicle without our prior written agreement;

(l) let anyone drive the Vehicle other than an approved Additional Driver;

(m) carry or transport any hazardous, toxic, flammable, corrosive, radioactive, harmful, dangerous, strong smelling or illegal materials;

(n) use the Vehicle for any crime or other illegal activity or purpose;

(o) use the Vehicle for hire or reward or, for fare paying or private chauffer services (unless we have provided you with written consent);

(p) use the Vehicle for any purpose which requires an operator’s licence (unless we have provided you with our prior written consent to do so)

(q) use the Vehicle off-road, on a race track, for racing, pace making, testing whether for reliability or speed, or for teaching someone to drive, or in connection with motor rallies, competitions, demonstrations, trials;

(r) adjust or tamper with the vehicle mileage in any way;

(s) damage the Vehicle by transporting unsecured loads or hitting high level objects;

 (u) use the vehicle whilst any driver is under the influence of alcohol or drugs or other narcotic substances, or medications (medically prescribed or otherwise) under the effects of which the operation of a vehicle is prohibited or not recommended;

(v) smoke or vape or allow anyone else to smoke or vape in the Vehicle;

(w) use the vehicle in an imprudent, negligent or abusive manner;

(x) use when a warning light is on or when the service reminder message is displayed unless it is unsafe to stop or you have been advised by us to continue driving. Please contact us immediately; and

(y) where you carry any animals in the Vehicle you must ensure that the Vehicle is handed back in the same condition of cleanliness as when you collected the Vehicle, failure to do so may result in you incurring additional charges;

11.4 The examples provided in clause 11.3 above are not exhaustive, any unlawful or dangerous conduct whilst driving or otherwise making use of the Vehicle will be viewed as you breaking the Contract and to the extent we are allowed to do so by law, you will lose the benefit of any damage waivers, excess reduction products, personal accident insurance and third party liability insurance.

11.5 From time to time we may need the Vehicle to be returned to us during your Rental Period. For example this may be due to a service requirement on the Vehicle, a manufacturer’s recall notice, or a maximum mileage requirement. If we contact you to notify you that you need to return the Vehicle to us you must use all reasonable efforts to be available to talk to us on the contact number you gave us at the time of booking and cooperate fully with us to facilitate the return the Vehicle. Failure by you to respond to our efforts to contact you and/ or failure to comply with our reasonable instructions concerning the return of the Vehicle may result in you being fully liable for all losses and liability we incur directly or indirectly arising out of or in connection with your failure to return the Vehicle.

11.6 We reserve the right to recall, replace or repossess our vehicles at any time and at our sole discretion

11.7 During or after the Rental Period we are not responsible for any property held in the Vehicle, or any consequential losses thereby occasioned. This is kept at your sole risk.

 

12 Accidents

12.1 In the event of any accident, loss, damage or theft to the Vehicle, you must inform us immediately.

12.2 You must provide us with all such assistance and information as we reasonably request to investigate or to otherwise deal with the matter. This duty extends after the Hire period to assistance with any litigation or insurance process including, non-exhaustively, meeting lawyers or insurance representatives, witness statements, attending court and all ancillary assistance that may be required.

12.3 If you have an accident with or in the Vehicle, you must:

(a) not admit or accept liability to any third party;

(b) obtain and notify us of the names, address and contact numbers of all parties (including any witness where possible) involved in the accident;

(c) take photographic evidence of the scene and vehicles if possible

(d) the details of the insurance company and policy number relating to any third party vehicle involved in the accident;

(e) secure the Vehicle, inform the police straight away in the event that anyone is injured, the road is blocked as a result of the accident or, if any third party property has been damaged;

(f) call our breakdown assistance number as set out in your Rental Agreement if recovery is required; and

(g) notify us within 12 hours of any Accident, In the event of confiscation or impounding of the Vehicle, you must inform us immediately.

(h) In the event of attempted sequestration or Civil enforcement, Execution of a writ of possession or a Controlled Goods Order being attempted, you must contact us immediately whilst any bailiff or HCEO is present.

 

13 Vehicle Breakdown

13.1 For the duration of the Rental Period, the Vehicle has the benefit of our breakdown assistance service in England, Scotland and Wales. In order to benefit from this service, you must call the designated contact number as set out in your Rental Agreement.

13.2 If the Vehicle breaks down during the Rental Period, we will as soon as possible, recover and repair the Vehicle. If the Vehicle cannot be repaired we may provide a replacement Vehicle subject always to availability and, any other relevant circumstance. If the breakdown is caused by your negligence or as a result of your breach of the Rental Agreement, you will be responsible for the damage or loss and recovery charges together with an administration fee of £42.00.

13.5 Breakdown services are not provided for vehicles outside the territories in 13.1, breakdown services outside these territories must be prior arranged and additional charges will apply. In the event of your failure to arrange appropriate breakdown cover you will be liable for repatriation costs, our loss of use and relevant administrative charges. 

 

14 Theft of Vehicle and Damage

14.1 If the Vehicle, keys or any Optional Extras are stolen, you must report it to the police and obtain and provide to us a police report or crime reference number, without delay. We have no liability for the loss, theft or damage to personal belongings left in the Vehicle when stolen.

14.2 You may buy loss or damage waiver from us. If the Vehicle is damaged or stolen during the Rental Period, you are responsible for paying an amount up to the excess stated on your Rental Agreement for:

(a) any liability under this clause;

(b) our loss of use; and

(c) an administrative fee of £42.00

14.3 We use appropriately qualified experts to estimate costs of repair to or replacement of the Vehicle. If the Vehicle is beyond economic repair then the estimate will be based on the reasonable market value of the Vehicle less the reasonable market salvage value for the Vehicle.

14.4 The vehicle comes with third party liability cover ( unless otherwise stated). This means you are covered for damage caused to another person’s property (for example, their vehicle and/or any injury suffered by them, including passengers in the Vehicle). You will not have to pay any of their costs, unless the damage or injury was caused, or contributed to, by:

(a) your negligence;

(b) you breaking the Contract (for example, allowing someone other than an Additional Driver to drive the Vehicle);

(c) you breaching any of the provisions contained in this agreement and such breach causes or contributes to the damage or third party claim; or

(d) you breaking the law. In these circumstances, if the law requires us to provide you with third party liability cover, the minimum cover required by law will still apply but we, or our insurer, may seek to recover our full costs from you. Please note third party liability cover does not cover any injury to the driver of the Vehicle or any personal items inside the Vehicle.

14.5 If any damage or loss is caused to the Vehicle or to us or the Vehicle is stolen, and it was caused, or contributed to, by:

(a) your negligence;

(b) you breaking the Contract (for example, allowing someone other than an Approved Driver to drive the Vehicle);

(c) you breaching any of the provisions contained in clauses 10 and or 14 and such breach causes or contributes to the damage or loss; or

(d) you breaking the law then you may lose the benefit of any waivers, excess reduction products, personal accident insurance and third party liability insurance. So, you will have to pay:

(e) the full cost of replacement or estimated repair costs;

(f) any loss of use;

(g) any costs we have to pay to third parties; and

(h) our own reasonable costs, including an administration fee of £42.00.

In these circumstances, if the law requires us to provide you with third party liability cover, the minimum cover required by law will still apply but we, or our insurer, may seek to recover our full costs from you.

14.6 If you cannot show on balance that the damage, loss or theft, occurred after the end of the Rental Agreement under clause 6 above, or if you cannot show that the damage was less than what we said it was, we will require you to pay for the damage or loss and the rental costs, even if the Vehicle is not found or repaired at the time we take payment.

 

15 Speeding, parking and traffic fines and charges

15.1 You are responsible for all fines and charges issued as a result of you or any Additional Driver using the Vehicle. Fines and charges could include:  parking fines, parking charges; toll charges; road charging, congestion, towing charges; clamping costs; traffic fines or charges; speeding fines; Emission Zone Charges and any other charges or fines and our administration fee.

15.2 If we receive and or pay for a fine or charge because you haven’t paid a charge or complied with the law, you will be liable for; (a) our administration fee of £42.00 or as otherwise notified to you at the time of booking. And (b) the fine or charge itself. This will be deducted from any Deposit/ card approval held.

15.4 By signing the Rental Agreement, you agree to us giving your details and a copy of the Rental Agreement to the authority or private company issuing the fine or charge. We will charge you an administration fee for doing this. You irrevocably acknowledge that liability for such fines and charges could otherwise render us liable under the Protection of Freedoms Act (Schedule 4) 2012 and that a defence is afforded to us by informing third parties of this contract and the parties and their details.

15.6 If you want to appeal or contest a fine or charge, we will give you the details of the fine or charge and, the organisations who issued the fine or charge. You must deal directly with the issuing organisations to get a refund or compensation, you remain responsible for any charges.

15.7 If the Vehicle is seized by the police or customs and excise or any other authority during the Rental Period or until termination. Unless the seizure was caused by our negligence, you will have to pay: (a) any costs we incur as a result of the seizure; (b) plus any loss of rental income while the Vehicle is not available to rent to someone else; and (c) an administration fee.

 

16 Products and Optional extras

16.1 We may from time to time offer a variety of waiver and protection options to protect you during the Rental Period. These include:

16.1.1 Loss or damage protection waiver - this reduces the amount you pay if the Vehicle keys and accessories or any Vehicle documents are lost, stolen or damaged during the Rental Period. You may be entitled to reduce your excess to between £0 to £150 depending on the Product, your age and the Vehicle Category that you choose. The amount you will pay will be the lower of (i) the liability under clause 14 and a processing fee; or (ii) the excess stated on your Rental Agreement. The amount you pay will not be reduced if the loss or theft was caused by or as a result of: (a) keys being left in the Vehicle; (b) keys being lost or stolen as a result of your negligence; (c) using the Vehicle in breach of clause 11; (d) driving without due care or attention; (e) water or fire damage, that was your fault; or (f) Events set out in clause 14 above.

16.1.2 Third party insurance – this protection provides cover for claims made against you in the event of death or injury to a third party in an accident. It also provides cover for damage to their property (up to £5 million). You will be responsible for any costs in excess of this in relation to third party damages. Excluded from the insurance is the use of the vehicle for the transport of dangerous goods. All protection as part of

the Rental Agreement will become void, in particular, if an unauthorised vehicle or if the driver of the vehicle does not possess the required driver’s licence at the time of the event giving rise to claim, or any of the circumstances set out in clause 14 above occur.

16.1.3 Tyre and glass protection – this product waives your responsibility in the event of any damage to the tyres, windscreen, side windows, rear-window or mirror glass, with a reduction of that liability to £0.00. The amount you pay will not be reduced if the damage was caused by or as a result of: (a) using the Vehicle in breach of clause 11; (b) driving without due care or attention; (c) water or fire damage, that was your fault; or (d) Events set out in clause 14 above.

16.1.4 Roadside protection – this product is an extended breakdown protection and protects you against high repair costs, in the event of the following incidents occurring which are caused by you: (a) locking keys in Vehicle; (b) breakdown due to lack of fuel; (c) assistance with starting the vehicle due to a flat battery; (d) loss of the key; and (e) the Vehicle being stuck at a location. These services may only be ordered via a direct claim using our road assistance number, as provided in the Rental Agreement. The customer service personnel from our 24 hour roadside assistance department will determine the type and the extent of service that is required to ensure that you are able to use the Vehicle. If any damage to the Vehicle occurs which we do not consider is covered within the scope of this protection, you remain fully liable for that damage.

 

17 Customer Own Insurance (COI)

17.1 If you have chosen to provide on your own insurance to cover the Vehicle (where the rental agreement states COI Customers Own Insurance) then you must arrange your own insurance protection cover for the duration of the Rental Period. You must prove to us that the protection is valid and that the protection remains valid whilst the Vehicle is out of our possession. You must provide us with the relevant Certificate of Insurance, Schedule of Cover and Letter of Indemnity. You will be responsible for the cost of the insurance.

17.2 It is your responsibility to ensure that the insurance complies with the requirements of the Rental Agreement. You will be responsible for all losses, damages and claims that we incur or suffer in the event that any insurance policy fails to be effective or satisfactory or for any payment that we make to a third party where the third party brings a claim against us relating to your use of the Vehicle. We must agree to the value of coverage that you propose the type of policy and the insurer that you have chosen. We must be satisfied with the coverage and policy conditions, and they may not be altered during the Rental Period. You must ask your insurer to record our name and a record our financial interest in the vehicle, proof from the insurer of registration of our interest will be required. You will be responsible for settling all losses and claims including third party claims if the Vehicle is lost, damaged or stolen. In the event your own insurers deny liability or indemnity under your policy you will still be liable, as will any Personal guarantor, for all damage, losses. Loss of use, repairs and allied fees and charges as may thereby be suffered by us.

17.3 If we have agreed that you may return the Vehicle outside of business hours for your convenience, or to an alternative location to the original rental branch, your own insurance protection must be valid until the Vehicle is inspected by one of our employees. We will inspect the vehicle within 8 Business Hours after the end of the Rental Agreement. Until this inspection has been completed any loss, damage or theft of the Vehicle remains your responsibility.

 

18 Ending the contract early and limitation of liability

18.1 If you are renting the Vehicle as a private individual, we may end the Contract straight away by telephoning you on the contact number you provided us with or emailing you at the address you provide if:

(a) a receiving order has been made against you; or (b) you are declared bankrupt; (c) you break the Contract in a way that causes us significant loss or harm, or in a way the cannot be rectified; or (d) provisions of clause 11.5 or Clause 11.6 apply.

18.2 If you are renting the Vehicle as a Business Customer, we may end the Contract straight away if:

(a) the company or partnership goes into administration or liquidation; or (b) the company or partnership calls a meeting of its creditors; or

(c) we find out that the company’s or partnership’s goods have been taken away as a repossession order; (d) you or the company or partnership breaks the Contract in a way which causes us significant loss or harm, or in a way which cannot be rectified; or (e) we have reason to believe any of the events in 18.2 is likely to happen or (f) provisions of clause 11.5 or Clause 11.6 apply.

18.3 If you are a Business Customer that has been authorised to sub-let our vehicle to a third party client, we may in the event of persistent material default of the terms of this agreement exercise the right of Step-In to deal directly with your clients using our Vehicles. The Hirer will reimburse us for costs and expenses incurred as a result of us exercising our rights under this clause. The exercise of its rights under this Clause will not constitute a waiver by us of any rights we may have (including our rights to terminate this Agreement) before, on or after the Step-In Date. The Hirer will cooperate with us or such agent appointed by us in respect of such step-in, including by providing access to software, customer information and service locations and any other assistance and information requested by us or our agents.

18.4 If you break the Contract by not doing what you agreed to including payment:

(a) you must pay any amounts owed to us under the Contract; and for the losses we suffer as a result, (for example, loss of rental income, the cost of repairing or replacing damaged items); (b) you may lose the benefit of any damage waivers, excess reduction products and third party liability insurance; (c) you must return the Vehicle and/or any Optional Extras you rented within 1 day of the Contract ending.

18.5 Time shall be of the essence in relation to any amounts due under this agreement. You will have broken the terms of this Agreement if you have not paid any amounts owed to us when they become due under this Agreement. We will take all lawful means to recover the Vehicle (which may include repossessing it or applying for a Court Order requiring you to return it and/or pay us an amount equal to the Vehicle’s market value). If we repossess the Vehicle you must pay all costs, disbursements and expenses, on a full indemnity basis that we incur in the process of repossession. If we have the right to repossess the Vehicle you give us irrevocable permission to access your premises to do so.

18.5 If we materially break the terms of the Contract, you may end the Contract by providing us with written notice. You must return the Vehicle and any Optional Extras immediately and you must still pay all amounts owed to us under the Contract (including the Rental Fees) for the duration of the Rental Period, until the date of return and our inspection of the Vehicle. You must do what you can to reduce (or mitigate) any losses you suffer.

18.6 If you are not a Business Customer, nothing in the Contract reduces your statutory rights.

18.7 If you are a Business Customer, and we materially break the Contract by not doing what we agreed to, we shall not be liable to you (whether in contract, tort or negligence) or otherwise be responsible for any loss of profit, business contracts, revenues, goodwill, anticipated savings or, for any indirect or consequential damage or loss. Our liability to you (whether in contract, tort or negligence) shall be limited to the Rental Fees due under the relevant Contract to a maximum value of £1500 in respect of one incident or a series of incidences.

18.8 Nothing in the Contract shall exclude or limit our responsibility for fraud; death or personal injury caused by our negligence; or any other responsibility to the extent that the law, particularly S.2 Unfair Contract Terms Act 1977 says cannot be excluded or limited.

 

Events Outside of Our Control (Force Majeure)

18.9 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

18.10 If any event described under this Clause 18 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions or the Contract:

18.11 We will inform you as soon as is reasonably possible;

18.12 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

18.13 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

18.14 If the event outside of Our control continues for more than 7 days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

18.15 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.

 

19 Personal information and security checks

19.1 We shall collect your personal information and will electronically scan the identity documents onto our system. We will hold and use your personal information and that of any other Additional Driver in order to perform our obligations under the Contract and for our business purposes in accordance with the terms of our Privacy Notice full details of which is available on our website or on request.

19.2 Do not leave personal information in the vehicle and delete any identifying information such as home addresses in vehicle navigation systems or contact information in phone systems to help protect your personal information.

19.3 We operate identity, security, driving licence and credit checks ourselves and with third party providers of such services. By signing the Rental Agreement or driving the Vehicle, you agree to such checks being carried out against you and any named Driver and you agree that you have their full consent for such checks to be made on them and you will indemnify us in full if that is not the case. If you fail to meet any of our checks, we may refuse to allow a driver to drive the Vehicle or allow you to rent the Vehicle. If we find that any amount is owed to us or any of our group companies, we may refuse to allow a driver to drive the Vehicle or allow you to rent the Vehicle. In the event that we find any information you have provided to us is false or inaccurate, then you will have broken the Contract and will have to pay for any costs or damages that we incur as a result.

19.4 By signing the Rental Agreement or driving the vehicle you agree to your personal information (including name, address, photo and drivers licence details) and information concerning the Hirer and the hire of this vehicle under this rental agreement (including details as to payment record, credit worthiness, accidents or claims or theft or damage to the vehicle, delays in vehicle return, threatening or abusive behaviour and any other relevant information) being shared with other rental companies, suppliers to such companies, the police and other regulatory authorities, insurers and credit reference agencies, for the purpose of crime detection, risk management and assessing whether or not others may wish to hire a vehicle to you.

19.5 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

19.6 For complete details of our policy on collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice on our website at www.avalonvehiclerental.co.uk.

 

21 General

21.1 Assignment and other dealings

(a) We may at any time sub-contract, assign, or transfer our rights and obligations to a third party or obtain a, mortgage or charge in respect of the Contract.

(b) You may not assign or transfer your rights or obligations under this Contract to a third party or, subcontract any or all of your rights or obligations under the Contract without our prior written consent.

21.2 Entire agreement. The Contract contains all the relevant terms that are to apply to the Rental Agreement and is the entire agreement between us and supersedes and extinguishes all previous agreements, whether orally or in writing, between us.

21.3 Variation. Except as set out in these Conditions, no variation of the Contract, shall be effective unless it is agreed by you and us in writing and signed by us.

21.4 Waiver. Where either of us may elect to waive any right or remedy is this election to not assert any right or remedy is only effective if given in writing and shall not be deemed to apply to any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:(a) waive that or any other right or remedy; or (b) prevent or restrict the further exercise of that or any other right or remedy.

21.5 Severance. If any provision or part-provision of the Contract is or becomes deemed invalid, illegal or unenforceable, the provision shall be modified to the minimum extent necessary to make it valid, legal and enforceable and the remainder of the contract will not be affected in any way.

21.6 Any notice or other communication given by us or you under or in connection with the Contract shall be in writing. Such notice to be sent to our Head office contact (details are provided on our website) and to the address you have supplied with when booking the Vehicle and shall be delivered personally, sent by prepaid first class post, delivery service, commercial courier or email and will be deemed to be delivered within the next business day hours of dispatch.

21.7 Interpretation: (a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted.

(b) A reference to writing or written includes email.

21.8 In the event that you are dissatisfied with any element of our service, please get in touch with us at [email protected]

21.9 This agreement is governed by the laws of England and Wales.

21.10 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.