Terms and Conditions

The following are the requirements and applicable rules for hiring our vans

ELY VANS HIRE: TERMS AND CONDITIONS OF HIRE

General

  1. If you are not the Hirer and sign this agreement on behalf of the Hirer, you are declaring that you have the authority of the Hirer to do so and that you are jointly and severally liable with the Hirer ill respect of the terms and conditions of this Agreement including any breach thereof;
  2. Neither the Hirer nor any person acting or purporting to act on the Hirer’s behalf in any capacity nor any authorized driver may act for ELYVans Hire in any capacity or for any purpose
  3. ELYVans Hire is not liable for loss of or damage to any property stored or transported in or on the Vans. ELY Vans Hire is not responsible for any property left In or on the Vans when returned to ELY Vans Hire. The Hirer indemnifies ELY Vans Hire, its representative employees/directors and contractors against any claim relating to such property, whether on behalf of the Hirer’s, or any third party’s, property.
  4. The Hirer may only use the Vans whilst insured by ELY, and only in the mainland of England, Wales and Scotland and shall not remove the Vans from the aforementioned territory unless prior written consent has been obtained from ELYVans Hire.
  5. The Hirer shall not use or allow the Vans to be used for the purpose of propelling or towing any other Vans under any circumstance.
  6. The Vans must at all times be driven with care and in such a manner that does not render void the insurance policy or other contract of insurance or in contravention of any Road Traffic Act or any Construction and Use Regulations.
  7. The Vans must not be driven by any unauthorized and/or driver not licensed to do so and/or not insured to do so under this agreement or by any driver under the influence of alcohol or drugs or otherwise incapacitated or unfit to drive including, but not limited to, persons deemed to have physical or mental defects of infirmity according to the insurer.
  8. The Vans must not be driven if it is in an unfit state and in particular if by reason of any mechanical, electrical or structural failure, damage may be caused.
  9. It is a breach of this Agreement for the hirer to fail to return the Vans to ELYVans Hire at the end of the pre-arranged rental period. The damages payable for such breach will be the rental charges that would be payable under ELY Vans Hires’ current tariff for the period until ELY Vans Hire recovers the Vans or receives the full value thereof, and shall in any event be the appropriate days rental if not promptly on the date and time due on fixed return. The Vans is not insured by ELY Vans Hire outside of the pre-arranged rental period, and the hirer indemnifies ELY Vans Hire, its Directors, and Staff against any and all liability resulting from incident whilst the Vans is in uninsured condition. The hirer assumes responsibility & liability for such claims in full and without exception. It is the Hirers responsibility and duty to make sure that the Vans is insured at all times it is in their keeping. The hirer may request an extension to the hire period and, where ELY Vans Hire agrees to such an extension, may use the Vans until such time as agreed, charged at a variable rate not less than the previously agreed daily rate. (please refer to the ELY Vans Hire Customer requirements document, available for view at the ELY Vans Hire premises.)
  10. The Hirer shall not repair the Vans or cause the Vans to be repaired under any circumstance. ELYVans Hire do not grant the Hirer any authority to have repairs made to the Vans when damaged. Repairs made to the Vans without the prior written consent of ELY Vans Hire will render the full original purchase value of the Vans due as damages owed ELY Vans Hire and will render the Hirer and the Repairer liable to ELY Vans Hire for such damages whether made known to ELY Vans Hire at the time of repair or subsequently;
  11. Hired Vans may only be used for social domestic and pleasure use and in connection with the hirer’s business. They must not be used for racing, rallying, towing or driving tuition. Passengers must not be carried for hire or reward. Under no circumstances must manufacturer’s recommended seating capacity of the Vans be exceeded. Hirer’s breaking this rule may be liable to prosecution and unlimited fines under this Agreement.
  12. The Hirer is responsible for all damages above cab height caused by striking overhead objects and any damage to lyres howsoever caused. Any such damage incurred is not covered by damage waiver or ELYVans Hire insurance.
  13. By signing the Vans condition report the Hirer is deemed to accept that the Vans is in the condition as described on the report.
  14. All references to ‘written consent of ELYVans Hire’ shall be understood to refer to any person granted prior authority to provide such written consent by a Director of ELY Vans Hire. Written consent obtained from an unauthorized person shall not constitute consent nor shall it indemnify nor insulate nor absolve from responsibility or liability under this Agreement, the Hirer, or any authorized driver.

Fixed Penalties & the Effective Owner

Upon entering into an Agreement by signing this document, the hirer shall be considered, under law, the effective owner of the Vans hired in respect of:

  1. Any fixed penalty offence committed, in respect of that Vans, under Part III of the Transport Act 1982 and the Road Traffic Regulation Act 1984, and any subsequent amendments to these in effect at the time of the offence;
  2. Any excess charge that may be incurred in respect of the Vans pursuant to an Order under Sections 45 and 46 of the Road Traffic Regulation Act 1984 and the Road Traffic (parking) Act 1986, including subsequent amendments to these in effect at the time of the offence;

Insurance

  1. The Hirer will be insured by ELYVans Hire and may not use any other insurance policy. Prior to taking possession of the Vans shall:
    1. complete an insurance proposal form;
    2. agree to pay insurance charges on ELY‘ current tariff and (except when the Hirer has agreed to pay any collision dam age waiver charge, if made available
      by ELY Vans Hire) the cost of any condition damage repair up to the full amount of the excess;
  2. The Agreement is in any event subject to, and is deemed to include, the terms, conditions, and limitations of ELYVans Hire’ insurance policy;
  • The Hirer has a duty of full disclosure when completing the insurance proposal form and shall disclose all previous convictions, whether spent or still in force;

Obligations of the Hirer

The Hirer is obliged:

  1. to pay ELYVans Hire at its current rate rental and fuel and to pay for any accessories, lyres, tools, or equipment lost stolen or damaged;
  2. in addition, the Hirer will pay ELYVans Hire the cost of recovering the Vans in the event that the Hirer fails to return the Vans to ELY Vans Hire and also be liable:
    1. to pay any penalties, fines or Court costs incurred in the use of the Vans before it is returned to ELYVans Hire and which ELY Vans Hire is obliged to pay (save which is caused by the fault of ELY Vans Hire) and to pay VAT where appropriate at the current rate;
    2. to ensure the correct tyre pressures, engine oil level battery fluid level, screen wash levels, coolant levels and automatic transmission oil levels are maintained throughout each period of rental or extended period thereof;
  • to ensure that the Vans is always secured locked when unattended and to take all reasonable steps to prevent loss of or damage to the Vans or its tyres, tools, accessories, equipment, or contents;
  1. to inform ELYVans Hire immediately if the Vans suffers any damage or loss, develops any fault, or requires any servicing and to permit ELY Vans Hire to carry out any central repairs or servicing;
  2. to return the Vans together with its accessories, Tyres, tools, and equipment to ELYVans Hire place of trade as specified on page 1 of this document, at or before the rental period or on the earlier termination of this Agreement in the conditions prevailing at the commencement of the rental (fair tear and wear accepted), clean and tidy (traffic grime excepted);
  3. to pay for the cleaning of the Vans in the event the Hirer returns the hired Vans in an unclean state (excepting traffic grime);
  4. to comply with the expanded terms and conditions contained in the document Vans Hire Customer Requirements, available for viewing at the trading premises.

Obligations of ELY Vans Hire

ELY Vans Hire is obliged:

  1. to take all-reasonable steps to provide the Hirer with a well-maintained Vans;
  2. when informed of a breakdown by the Hirer, to see that the necessary repairs are carried out promptly, if possible;
  3. if repairs to the hired Vans cannot be carried out promptly, to provide a substitute Vans or to allow the Hirer to terminate the hire.

 

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